Editor's Pick: A landmark ruling on abortion

In a historic judgment, the Supreme Court ruled that single women with pregnancies between 20 and 24 weeks are entitled to access the same safe and legal abortion as married women. Until now, the Medical Termination of Pregnancy (MTP) Act barred unmarried women from terminating pregnancies which are up to 24 weeks old with the help of registered doctors. This provision of law, the court said in its latest ruling, amounted to discrimination. A single pregnant woman, like a married woman, may have been abandoned, or without a job, or been a victim of violence during her pregnancy. Her life could be in danger because of foetal abnormalities. Or she may have become pregnant because of contraceptive failure. So, the law cannot decide the beneficiaries of a statute based on “patriarchal principles about what constitutes permissible sex,” Justice Chandrachud, who led the Bench, said. The court’s ruling on abortion was hailed by activists as “progressive” and “a ray of hope”. To learn more about what the abortion law says in India, read this explainer. In the context of netizens celebrating India’s abortion laws as ‘progressive’ after the U.S. Supreme Court’s regressive Roe v. Wade judgment this year, Sonali Vaid and Sumegha Asthana had argued in this article that abortion laws are not in fact as progressive as they are perceived in India. They argued that abortion is still viewed more as a family planning and maternal health issue than as a reproductive rights issue. The MTP Act does not recognise abortion as a choice; unmarried and transgender people continue to face stigma when they approach clinics; and healthcare providers insist on parental consent or consent from husbands; among other issues, they said. In this article, Anubha Ratogi argued that there is still a long way to go in recognising abortion as an unconditional right. In this context, the court’s latest ruling is to be welcomed. As this editorial pointed out when the court was considering pronouncing this judgment, “The law cannot cherry-pick beneficiaries, and if there is to be any justice at all, the antiquated principles on which old Acts were built, cannot continue to frustrate young women who claim autonomy of their own body.” According to the latest National Family Health Survey, more than a quarter of abortions are performed by women themselves at home. These are other disquieting figures on abortions may see a change with the new ruling. And this is why this is the top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. Click here The Hindu’s Editorials Sledgehammer approach: On PFI ban Evolving chair: On the Chief of Defence Staff post The Hindu’s Daily Quiz The Koshi River agreement is between India and which country? Pakistan China Bangladesh Nepal To know the answer and to take the quiz, click here [logo] Editor's Pick 30 SEPTEMBER 2022 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( A landmark ruling on abortion In a [historic judgment]( the Supreme Court ruled that single women with pregnancies between 20 and 24 weeks are entitled to access the same safe and legal abortion as married women. Until now, the Medical Termination of Pregnancy (MTP) Act barred unmarried women from terminating pregnancies which are up to 24 weeks old with the help of registered doctors. This provision of law, the court said in its latest ruling, amounted to discrimination. A single pregnant woman, like a married woman, may have been abandoned, or without a job, or been a victim of violence during her pregnancy. Her life could be in danger because of foetal abnormalities. Or she may have become pregnant because of contraceptive failure. So, the law cannot decide the beneficiaries of a statute based on “patriarchal principles about what constitutes permissible sex,” Justice Chandrachud, who led the Bench, said. The court’s ruling on abortion was hailed by activists as “progressive” and “a ray of hope”. To learn more about what the abortion law says in India, read [this explainer.]( In the context of netizens celebrating India’s abortion laws as ‘progressive’ after the U.S. Supreme Court’s regressive Roe v. Wade judgment this year, Sonali Vaid and Sumegha Asthana had argued in [this article]( abortion laws are not in fact as progressive as they are perceived in India. They argued that abortion is still viewed more as a family planning and maternal health issue than as a reproductive rights issue. The MTP Act does not recognise abortion as a choice; unmarried and transgender people continue to face stigma when they approach clinics; and healthcare providers insist on parental consent or consent from husbands; among other issues, they said. In this article, Anubha Ratogi argued that there is still a long way to go in [recognising abortion as an unconditional right.]( In this context, the court’s latest ruling is to be welcomed. As [this editorial]( out when the court was considering pronouncing this judgment, “The law cannot cherry-pick beneficiaries, and if there is to be any justice at all, the antiquated principles on which old Acts were built, cannot continue to frustrate young women who claim autonomy of their own body.” According to the latest National Family Health Survey, more than a quarter of abortions are performed by women themselves at home. These are other disquieting figures on abortions may see a change with the new ruling. And this is why this is the top pick of the day. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor‘s Pick and more. [Click here]( The Hindu’s Editorials [Arrow][Sledgehammer approach: On PFI ban]( [Arrow][Evolving chair: On the Chief of Defence Staff post]( The Hindu’s Daily Quiz The Koshi River agreement is between India and which country? - Pakistan - China - Bangladesh - Nepal To know the answer and to take the quiz, [click here]( Today’s Best Reads [[RBI raises repo rate by 50 basis points] RBI raises repo rate by 50 basis points]( [[‘Ponniyin Selvan: 1’ movie review: Epic story gets Mani Ratnam’s royal treatment] ‘Ponniyin Selvan: 1’ movie review: Epic story gets Mani Ratnam’s royal treatment]( [[After the floods, Bengaluru needs to clean up its act] After the floods, Bengaluru needs to clean up its act]( [[Data | Automation crushes bank hirings for clerical jobs, officers unaffected] Data | Automation crushes bank hirings for clerical jobs, officers unaffected]( Copyright @ 2022, THG PUBLISHING PVT LTD. 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