A 10-year-old girl was raped in Chandigarh. The state is in a dilemma as to what is to be done with her pregnancy? The law should allow abortion in cases of pregnancy caused by sexual assault. But the Medical Termination of Pregnancy (MTP) Act of 1971 is very complicated. The Supreme Court has now sought the opinion of a panel of doctors to affirm the health of the 10-year-old who has been raped. It is to be ascertained if her health is to be adversely affected if her pregnancy is allowed to continue to its full term. The MTP Act allows abortion if only it is necessary for the health of a pregnant woman. The judiciary’s sanction is also necessary. Abortion petitions have been rejected on more than one occasion because of the legal impediment. A 26 week old foetus could not be allowed to lead to the birth of a child if it is likely to be born with abnormalities. The abnormalities are said to show up after 18 weeks. But sufficient time should be spent by the parents to decide if they should keep the baby.
Changes in the law were drafted in 2014. The amendments dispense with the court’s sanction for aborting of a more than 20 week old pregnancy. The decision should lie with the health care provider provided pregnancy is likely to jeopardise the health of the mother or the child. Rape causes grave injury to the mental health of the pregnant woman. That should be a case for abortion. But the changes in the Act have not been implemented yet. It is ironic why such a law is not debated in the light of so many rape cases in this country.