Impact of the 2023 Landmark Supreme Court of India Judgment upon Abortion Laws, Implementation and Limitation

  • Dr. Satishchandra Kale and Dr. Mahaveer Prasad Mali
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  • Dr. Satishchandra Kale

    Ph.D. Scholar at NIMS School of Law, NIMS University, Jaipur, India

  • Dr. Mahaveer Prasad Mali

    Assistant Professor at NIMS School of Law, NIMS University, Jaipur, India

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In October 2023, the Hon`ble Supreme Court of India gave a landmark ruling in regards to the eligibility, implementation and limitations inherent in the MTP Act,1971 wherein the rules have been amended in 2021 to afford greater eligibility and their ease of application of the rules in eligible cases. The Apex Court, so to say has laid down law I relation to abortions permitted and has interpreted law harmoniously with the MTP Act and with the existing medical evidence as evidenced. The proceedings also brought out the power of the medical professionals and medical boards who exercise great caution in giving a balanced opinion based on medical recommendations and best medical evidence. For the first time, the Hon`ble Apex Court has drawn a clear distinction between simply `permitting an abortion` and `actual stopping of the neonatal heart` if the child is born alive despite the termination procedure. This article revisits the provisions of the MTP Act and discusses the implications of the Hon`ble Apex Court ruling on clear interpretation of the above Act. The rights of the unborn foetus as per Indian law is discussed and how the MTP Act is at crossroads with various rights of the unborn foetus. A discussion is also made in reference to and reasons therefor for overturning of Roe vs Wade judgment by the U.S Supreme Court in 2022. The implications of the MTP Act and the what the provisions mean in constitutional, ethical, moral and religious terms is outlined, particularly applicable to our country, with its rich traditions, religious and cultural heritage. The rights of the intending father, or the lack of it has been discussed with a commentary on how a woman`s decisions to otherwise is administered in most democratic countries




International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 01 - 10


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