NEW DELHI: The Ministry of Health and Family Welfare has told the Supreme Court that a pregnant woman’s right to abort is not absolute. “A pregnant woman’s right to abort her pregnancy is not an absolute right, and the right to abortion must be balanced against the compelling state interest of protecting the mother’s health and the life of the foetus/unborn child,” the ministry said in an affidavit filed in the apex court.
As per the Medical Termination of Pregnancy Act, 1971 pregnancies can be terminated under certain conditions — such as risk to the life of a pregnant woman or cause grave injury to her physical and mental health — and when provided by a registered medical practitioner at a registered medical facility. The PIL filed by three women contended that certain provisions in Sections 3 and 5 of the law violated fundamental rights and should be quashed.
Seeking dismissal of a PIL, Centre maintained that the 1971 law was enacted for legalising abortion and to prevent unsafe abortion and thus the contention of the petitioner that the provisions of the MTP Act are unconstitutional and violative of Article 14 (right to equality) and 21 (right to life) are wrong and incorrect”.
The affidavit also stressed that reducing mortality and morbidity due to pregnancy-related causes is an important priority for the Government of India since unsafe abortions contribute to 8 per cent of maternal mortality in India and continue to be the third largest cause of maternal mortality.