Her body politic is totally her choice

Last week, Delhi High Court reversed its January 4 order that allowed a widowed, 29-week pregnant woman to terminate her pregnancy. The order is based on the advice of an Aiims panel, which said that the foetus does not show any abnormality, so foeticide is neither justified nor ethical. Earlier, GoI had sought a recall of the January 4 order, stating that it’s ‘imperative’ that the high court considers protecting the life of the unborn child. It referred to the Supreme Court‘s judgment of October 16, 2023, in ‘X v Union of India…’, in which the apex court recalled its earlier order allowing termination of pregnancy beyond the stipulated period after an Aiims panel’s opinion.

While the terms for abortion were liberalised in India after the Medical Termination of Pregnancy (MTP) Act was amended in 2021, it still does not recognise abortion as a woman’s choice that can be sought on demand, as is practice in 73 countries, including Nepal, Thailand and Cambodia. Instead, the Act allows termination only on medical advice. This caveat fails to consider three realities: abortion remains stigmatised in India, even among doctors; there is scope for increasing the upper gestational limit for termination, thanks to the advancement of medical technology; and denying women the right can push many to opt for unsafe abortions.

A 2016 Bombay High Court judgment on the condition of a prison inmate emphasised the right of a woman to control her body and fertility, and to decide what to do with their ‘own bodies, including whether or not to get pregnant and stay pregnant’. This forward-looking directive should be the guiding light on the issue. Abortion must remain a woman’s choice, as long as her health or life is not at risk.