The dignity of choice: SC to decide on prevailing abortion laws soon

The second prong of their challenge is directed against Section 5 of the Act, which permits an abortion only if there are serious risks to the physical health of the would-be-mother. According to them, the Act should also take the following into account:

1. The mental health of the mother if the law compels her the delivery of the child.

2. The social and economic conditions of the parents, which might make it difficult to bring up a child with single or multiple disabilities.

Raising the time period for abortions

The petition contends that the permissible time limit for allowing abortions should be raised from 20 to 26 weeks as the former isn't adequate to detect foetal abnormalities.

In July last year, the Gujarat HC denied a rape-survivor's right to abortion, and ruled that she has to carry the pregnancy to term. This despite the mother being a minor who might be remaining scarred and traumatised for her entire life.

Gynaecologists Catch spoke to agree that increasing it to 26 weeks is the best way forward. Both Mumbai doctors Dr Duru Shah and Dr Mohan Raut, who have frequently come across such cases as that of the present petitioners, concur with their contention.

The two have also been pushing for raising the time limit, but have not moved court till now.

Dr Raut gave the example of Ethiopia, where the revised abortion law not only allows for this increased time limit, but also doesn't insist upon rape survivors giving birth.

Conflict between disability and abortion rights

The contentions of the petitioners in the present case have the potential to set abortion rights and disability rights activists on a collision course. Because, the latter argue that no matter what, children, even if born with disabilities, must be brought into the world.

For instance this editorial in the Indian Journal of Medical Ethics argues that educated, middle and upper-middle class women, who are affluent enough, should not abort foetuses even if they are diagnosed with severe disabilities.

This conflict is not peculiar to India. For example, Britain's abortion law allows a time limit of 26 weeks, but according to this BBC report, the Disability Rights Commission had serious reservations about such a provision.

Therefore, whichever way the court finally rules, there is a strong possibility that it could spark off a lingering debate between women's rights and those of the disabled.

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