1.

Rules Extending Abortion Limit To 24 Weeks For Certain Categories Of

Women Notified By The Central Government

 The Central Government notified the Medical Termination of Pregnancy

(Amendment) Rules, 2021 which extend the gestational limit for termination of a
pregnancy from 20 to 24 weeks for certain categories of women. These rules have been
notified under Section 6 of the Medical Termination of Pregnancy Act.

 Importantly, the Medical Termination of Pregnancy (Amendment) Act, 2021, had come

into force with effect from 24th September 2021.

 The amendment inter alia modified Section 3 of the Medical Termination of Pregnancy

Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the
earlier stipulation of 20 weeks, for certain categories of women which have now been
defined in the MTP Rules (notified on October 12).
 As per the Medical Termination of Pregnancy (Amendment) Rules, 2021, the
following categories of women shall be considered eligible for termination of
pregnancy under clause (b) of subsection (2) Section 3 of the Act, for a period of up
to twenty-four weeks, namely:-

 Survivors of sexual assault or rape or incest;

 Minors;

 Change of marital status during the ongoing pregnancy (widowhood and divorce);

 Women with physical disabilities [major disability as per criteria laid down under the
Rights of Persons with Disabilities Act, 2016

 mentally ill women including mental retardation;

 The fetal malformation that has a substantial risk of being incompatible with life or if the
child is born it may suffer from such physical or mental abnormalities to be seriously
handicapped; and
  Women with pregnancy in humanitarian settings or disaster or emergency situations as
may be declared by the Government.

 Further, the new rules make the formation of a state-level medical board mandatory, to
decide if a pregnancy could be terminated after 24 weeks in cases of foetal malformation.
It would be mandatory for it to provide its opinion on the termination of pregnancy
within three days of receiving the request for medical termination of pregnancy.

 Earlier, abortion was possible with the opinion of one doctor in affirmation if it is done
within 12 weeks of conception, and 2 doctors, if abortion had to take place between 12
and 20 weeks.

 Further, the rules make it mandatory for the Board to ensure that the termination
procedure, when advised by the Medical Board, is carried out with all safety precautions
along with appropriate counselling within five days of the receipt of the request for
medical termination of pregnancy

2. 'Crisis Of Credibility' Is The Challenge Faced By Indian Judiciary At

Present: Justice Abhay Oka

 Justice Abhay S Oka, who was recently appointed judge of the Supreme Court, has
said "crisis of credibility is a challenge being faced by the judiciary at present and
members of the legal profession should ensure the backlog of cases because of the
COVID-19 pandemic is cleared."

 He was speaking at a function organised on Monday evening by the Thane District

Courts Bar Association here in Maharashtra to felicitate him on his appointment as the
judge of the country's top court.

 On the occasion, Justice Oka said "crisis of credibility" was the challenge being faced by
the judiciary and even if the third wave of COVID-19 strikes, judicial officers and
lawyers should ensure the legal work goes on uninterrupted and people get justice.
  Members of the legal profession should work towards restoring faith of the country's
citizens in the judiciary, he said.

 He gave an example of the Karnataka High Court, where judges decided to work for 11
Saturdays during the pandemic to clear the backlog of cases, and said such ways should
be found in other courts as well.

 Noting that the judge to population ratio in the country currently stood at 17 or 18 judges
per million people, he said the issue of shortage of judges in courts needs to be addressed
and this ratio needs to be improved.

 In his speech, Justice Oka also recalled his journey from a practising advocate in a Thane
court in 1983 to becoming the judge of the Supreme Court.

 Justice Oka enrolled as an advocate in 1983 and was elevated as the additional judge of
the Bombay High Court in 2003.

 He became the Chief Justice of the Karnataka High Court in 2019.

 In August this year, he was elevated to the SC.

3. Kerala High Court Once Again Calls For Effective Implementation Of

Rape Victim Protection Guidelines In State

 The Kerala High Court yet again voiced its concern regarding the increasing number of
sexual abuse and rape survivors seeking police protection, given the incompetent
implementation of the victim protection guidelines.

 Justice Devan Ramachandran was adjudicating upon a plea filed by a survivor of

sexual attack alleging harassment not just from the accused but also from two police
officers:

 "Cases of sexual attack victims and rape survivors being intimidated by the accused
persons and their associates have been coming to this Court with some regularity...In the
 case at hand, unfortunately, allegations are far more grievous because, the petitioner, who
is stated to be a rape victim, alleges that she is being harassed, not only by the accused,
but by certain Police Officers."
 The Court added that there was an abundance of guidelines and circulars specifically
revolving around the implementation of a victim protection programme in the State:

 "Without meaning to conclude at this stage that the allegations in this writ petition are
correct, it still causes a lot of distress to this Court because, there are specific guidelines,
circulars and orders issued by the various competent authorities with respect to protection
of victims of sexual attacks, including rape; but many times, I notice that these are not
being effectively implemented."
 Advocate Dheeraj Rajan appeared for the petitioner and submitted that the Station
House Officer and a civil police officer attached to the Thrikkakkara Police Station were
acting in collaboration with the accused in the case of sexual attack against her and that
she has therefore been forced to go into hiding.

 "Since the State of Kerala is on the party array, I am of the view that the issue must be
considered at the highest level as to how the mandate of the protection of sexual attack
victims should be effectively implemented because this is a matter that cuts at the root of
the societal response to such grievous attacks and offences."

 Accordingly, the Court directed the District Police Chief to file a response particularly as
to how the victim protection protocols can be effectively put in place and implemented.

 "This shall be done with reference to the circular issued by the State Police Chief which
clearly prescribes the manner in which a sexual attack survivor is required to be
protected. However, it is certainly a matter of concern that they have not been yet
implemented properly."

 The bench further directed the Commissioner of Police to ensure that the life of petitioner
and her minor daughter are effectively protected without involving the policemen against
whom allegations have been made.
 This Bench had orally remarked the importance of implementing the victim protection
scheme while hearing a plea raised by a minor victim and her mother seeking police
protection in a POCSO matter citing that they were being threatened by the perpetrator.