Abortion laws in India liberal than in US: Child born out of rape not good memory for mother, says Punjab & Haryana HC

New Delhi: Punjab and Haryana High Court observed that a child born out of rape “shall be a reminder of trauma and agony” the survivor had to undergo. The Court has allowed a minor rape victim to terminate her 26-week pregnancy, as reported by The Indian Express.

The court passed the order while hearing a petition filed by the victim through her father. The petitioner contended that she was subjected to rape as a result of which she got pregnant.

An FIR was registered under Sections 363, 366-A, 376, 450, and 34 of the IPC and Sections 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012 on October 21, 2022 in Nuh.

The verdict, in this case, suggests that abortion laws in India are way more liberal than how they are in America.

Abortion laws in America’s Texas

The abortion law in Texas, a US state, bans aborting the foetus upon the detection of cardiac activity in embryos, which usually occurs after six weeks of gestation—before many women even know they are pregnant.

The new law called the Texas Heartbeat Act which was enforced in September last year bans abortions if there is a foetal heartbeat that can be detected without specifying any time period. Medical experts suggest that this law would make abortions after six weeks illegal.

The law allows any individual to hold the abortion industry accountable for abortion after foetus develops a heartbeat. The law does not require state officials to enforcing the provisions. With this law in effect, any individual can sue abortion clinics or individuals who aid an abortion after the six-week deadline.

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