An amendment that was required
By Vijaya Pushkarna
Remember the heart wrenching story of the 10-year old in Chandigarh? She complained of
tummy ache, and the doctors told her mother that the child was 30-weeks pregnant.
Her two uncles had raped her for months without let up.
Let us call her Nikki –in Punabi it means
little girl, and is a common pet name for girls. The Medical Termination of
Pregnancy Act,1971 (MTP) did not allow
her an abortion on many grounds–she was underaged, not married, and
above all, she was more than 20 weeks pregnant.
The story of the 12-year old who does not
know that she is the mother of a two and a half year old baby given away in
adoption, is not rare, said the Supreme Court of India.
Since Nikki’s is not a one off story, the
Union Cabinet’s approval on Wednesday, of an amendment to the 50-year old abortion
law, will address a human issue as much as gender issue. The amendment will
also place the law in the context of real and contemporary India, where women seeking
safe and legitimate abortions in safe hospital environments, may be of any age
and in any relationship—married or living with a partner.
The amendment proposes to raise the upper limit of
gestation for purposes of MTP, to 24 weeks from the present 20. This will be
for “special categories” of
women and would include 'vulnerable
women including survivors of rape, victims of incest and other vulnerable women
(like differently-abled women, Minors) etc.”
“The proposed
increase in gestational age will ensure dignity, autonomy, confidentiality and
justice for women who need to terminate pregnancy”, said the government note.
Nikki delivered a baby in August 2017, after
undergoing a cesarean section, which happened after a long chain of events: the
PGI set up a committee of doctors to
take care of her, the Chandigarh District courts rejected the plea for
terminating her pregnancy.
The Supreme Court had also dismissed the plea –by
then the 32-week foetus inside her was almost a baby.
But the apex court bench had a suggestion—that every state set up a permanent
medical board to take prompt decisions on prospects of early abortion. For such
cases were reaching the apex court in a big way!
The amendment has addressed the fact Nikki’s
was not a unique story.
It is also the logical follow up to many
verdicts of the Supreme Court that have long recognized living in
relationships, and given rights to children born of such a reality.
Now, this is an amendment that was required.
Very sad, but I hope this doesn’t let the b—————s doing this to these young girls more “ power”
ReplyDeleteA positive step and a much needed one!
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