Asia

INDIA Delhi High Court rejects abortion at week 23

In response to a petition about a case involving a single woman, the judges noted that “it would amount to killing the foetus” and suggested a route that would allow the woman to give birth anonymously, and give the child up for adoption. Meanwhile, on August 10 – the anniversary of the law that legalized abortion in 1971 – the first National March for Life will be held in New Delhi.

Delhi () – On July 15, the Delhi High Court ruled that it would not allow an unmarried woman who is 23 weeks pregnant to have an abortion, stating that at that time “it would be equivalent to killing the fetus”. The woman’s lawyer argued that she is not married and was abandoned by her partner, and that she suffers from a serious psychological disorder that would prevent her from properly raising the child. He also highlighted the “discriminatory” nature of India’s abortion law, which allows divorced women and other categories to terminate a pregnancy until the 24th week.

The High Court noted that the law grants single women the necessary time to undergo an abortion and that the legislator deliberately excluded consensual intercourse from the category of cases in which termination of pregnancy between 20 and 24 weeks is permitted. . The court suggested that the woman be kept in a safe place until the birth of the child, which may be put up for adoption.

In statements to , Dr. Pascoal Carvalho, an Indian member of the Pontifical Academy for Life, described this sentence as encouraging: “The empathy shown by the court is important,” he commented. The Court “assured the mother of all possible help to protect her from the pressure from public opinion, providing a safe and comfortable place to stay until the child is born, while the government takes care of everything. In my opinion, there can be no more humane verdict than this: it shows a very positive change in the way of dealing with unwanted pregnancies. We have finally begun to see the fetus as a person and abortion as murder. We have also realized that the mother will need help until delivery and then the child can be given up for adoption, all while preserving the dignity of the woman and protecting her from any scandal.”

According to a study published by The Lancet Global Health, the number of abortions in India is at least 21 times higher than the official figure reported by the government (700,000). Not counting,” adds Dr. Carvalho, “private clinics where abortions are performed and self-administered chemical abortions “at home.” The study indicates that 81% of people who request an abortion take medications that put their lives at risk, without the supervision of a doctor and many of them without even receiving advice.

Abortion was legalized in India on August 10, 1971. Last year, on the 50th anniversary of the law’s entry into force, Cardinal Oswald Gracias, in his capacity as president of the Bishops’ Conference of India (CBCI), he asked that August 10 be observed as “Day of Mourning” in the Indian Church. Following this, CHARIS India is organizing the first ever “National March for Life”, which will take place on 10th August 2022 in Delhi, from Jantarmantar to the Sacred Heart Cathedral. This initiative – which aims to revive the debate on abortion reopened by the recent ruling of the Supreme Court of the United States – will include the participation of pro-life organizations, representatives of the Diocesan Commission for Life, bishops, priests, religious, seminarians and lay faithful.



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