Asian Angle | India Supreme Court’s ‘progressive’ abortion ruling offers glimmer of hope as other liberties are curtailed
- Unsafe abortions are the third leading cause of maternal mortality in India, the order stated
- The ruling stands in stark contrast to the US, where the Supreme Court in June overturned the landmark 1973 Roe vs Wade judgment
“The social stigma surrounding single women who are pregnant is even greater and they often lack support from their family or partner,” a bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala wrote.
“This leads to the proliferation of persons not qualified/certified to practice medicine. Such persons offer the possibility of a discreet abortion and many women may feel forced by their circumstances to engage the services of such persons instead of opting for a medically safe abortion.”
The judges also reaffirmed the provisions of a 2021 legal amendment that permitted women from seeking an abortion beyond 20 weeks of pregnancy, up to a period of 24 weeks.
In addition, the ruling appeared to give women a greater say in the decision, by noting that doctors should consider whether the “continuance of the pregnancy would pose grave danger to [the] pregnant woman’s mental health”.
Unsafe abortions are the third leading cause of maternal mortality in India, the order stated, resulting in the deaths of an average of eight women every day.