Bhopal (Madhya Pradesh): In a landmark decision regarding abortion on Friday, the High Court of Jabalpur ordered that women no longer need court permission to undergo an abortion within six months of pregnancy.
Justice Vishal Dhagat issued this ruling while hearing a case from Rewa, where doctors at Rewa Medical College were instructed to perform the abortion.
According to the court’s order, women who are pregnant as a result of rape can have an abortion up to 24 weeks without requiring court approval.
The case under consideration involved a woman who was six to seven weeks pregnant. For pregnancies up to 20 weeks, abortion can be performed only by a registered doctor.
However, for pregnancies between 20 to 24 weeks, consent from two doctors is required. If the pregnancy is over 24 weeks, court permission is mandatory.
This ruling provides relief to women who previously faced delays in obtaining court approval for abortions due to long judicial procedures.
In the case reviewed by the court, the foetus was six to seven weeks old, so the abortion was directed to be done at the medical college.
Under the MTP Act of 1971, registered medical practitioners can terminate pregnancies within the law’s provisions, without a court order. Section 3(2)(A), Section 5(1), and Section 3(2)(B) cover cases where abortion can be performed. Additionally, the MTP Rules state that women who are victims of sexual assault or incest can have an abortion up to 24 weeks.
