Answer

Recently, the Supreme Court (SC) refused to permit the termination of a 26-week pregnancy under the Medical Termination of Pregnancy (MTP) Act, 1971.The court denied to authorize an abortion when the pregnancy was viable and not an immediate threat to the woman's life. This ruling is based on the interpretation of Section 5 of the MTP Act, 1971, which permits abortion only when the woman's life and health are immediately at risk.

The case has sparked a discourse on the ethical considerations when balancing the rights of the unborn child and a woman's right to choose abortion

• Maternal Well-being: The right to abortion recognizes a woman's autonomy over her body, allowing her to prioritize her physical and mental health. It ensures that pregnancies don't endanger a woman's life or health.
• Informed Choice: The MTP Act acknowledges a woman's ability to make informed decisions about her reproductive choices. It respects her judgment, especially when she has consciously decided not to continue a pregnancy.
• Recognizing the right to abortion respects a woman's ethical autonomy and her capacity to make moral decisions about her reproductive choices.
• Privacy and Dignity: Allowing abortion safeguards a woman's privacy and dignity, preventing unwanted intrusions into her personal life and medical decisions.
• In the 2017 case of Justice K.S. Puttaswamy (Retd.) vs. Union Of India, the court affirmed women's constitutional right to reproductive choices under Article 21
• Preventing Unwanted Childbirth: Enabling access to safe and legal abortion services helps prevent unwanted pregnancies and childbirths, which can have negative consequences for both the woman and the child.

• Gender Equality: Upholding reproductive rights contributes to gender equality by ensuring that women have the same control over their reproductive health as men have over their bodies.
• Justice B.V. Nagarathna emphasized that the woman’s decision should be respected and consideration of the woman’s socio-economic situation is must

• Legal Protections: The Medical Termination of Pregnancy (MTP) Act also recognizes the importance of protecting the unborn child, especially after a certain gestational age. This legal recognition underscores the significance of the unborn child's rights.
• Article 21 of the Indian Constitution: It guarantees the right to life and personal liberty. It is argued that the unborn child also falls within the purview of this right, especially as the pregnancy progresses and the fetus becomes more viable. 
• Potential for Life: As pregnancy advances, the unborn child's potential for life and independent existence outside the mother's womb increases. Acknowledging this potential, proponents argue that the state has a duty to protect this nascent life, in consonance with the principles enshrined in the MTP Act and the Indian Constitution.
• Justice Hima Kohli concurs that terminating the pregnancy shouldn't be granted unconditionally. Her stance aligns with the notion that both the rights of the unborn child and the State's responsibility should be taken into account.
• Ethical Considerations: Ethical frameworks, often informed by religious, cultural, and philosophical beliefs, emphasize the sanctity of life and the moral duty to protect it. These ethical arguments advocate for recognizing and respecting the rights of the unborn child, particularly as the pregnancy progresses.

Therefore, the case underscores the importance of striking a sensitive equilibrium between women's reproductive rights and the safeguarding of the unborn, necessitating the active involvement of all concerned parties. Access to legal and safe abortion is an integral dimension of sexual and reproductive equality and must be a crucial element of conventional society. The government must enforce consistent clinical standards for abortion procedures in healthcare facilities nationwide. Additionally, the decision-making regarding abortion should be grounded in human rights, sound scientific principles, and alignment with technological advancements.