In a significant step backwards for women’s rights in the U.S., the Supreme Court overturned the landmark Roe v. Wade judgement of 1973, which gave women in America the right to have an abortion before the foetus is viable outside the womb or before the 24-28 week mark
Evolution of Abotion Law in India
- 1960:Constitution of the Shantilal Shah Committee to deliberate on the legalisation of abortion in the country.
- 1971 – In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force.
- This law is an exception to the Indian Penal Code (IPC) provisions of 312 and 313 and sets out the rules of how and when a medical abortion can be carried out.
- Provisions Under Indian Penal Code (IPC)
- Under Section 312 of the IPC, a person who “voluntarily causes a woman with child to miscarry” is liable for punishment, attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
- Section 313 of the IPC states that a person who causes the miscarriage without the consent of the pregnant woman, whether or not she is the in the advanced stages of her pregnancy, shall be punished with life imprisonment or a jail term that could extend to 10 years, as well as a fine.
How has the Medical Termination of Pregnancy (MTP) Act evolved from 1971 to 2021?
- Medical Termination of Pregnancy (MTP) Act 1971
- The Medical Termination of Pregnancy (MTP) Act of 1971 in India sets a cap of 20 weeks for pregnancy termination for specific reasons; after that point, abortion of a foetus is legally prohibited.
- Rules of 2003
- Allow the use of then newly discovered abortion medicine misoprostol, to medically terminate a pregnancy up to seven weeks into it.
- New Act
- Following the prior MTP Bills of 2014, 2017 and 2018, all of which had previously expired in Parliament, the Medical Termination of Pregnancy (Amendment) Act, 2021 revised the Medical Termination of Pregnancy Act, 1971 (MTP Act).
What is the MTP (Amendment) Act, 2021?
- Time Period of Abortion of Pregnancy
- The Act raises the gestational period at which women can obtain an abortion from 20 to 24 weeks.
- Special Cases
- On the recommendation of one doctor up to 20 weeks, and two doctors in the event of specific special groups of women between 20 and 24 weeks, abortion is permitted.
- Rape survivors, incest victims, people with disabilities, and adolescents are among the “special categories of women.”
- Only severe foetal abnormalities identified by the Medical Board or a threat to the mother’s life permit the termination of a pregnancy when the gestational period is more than 24 weeks.
- Up to 20 weeks of gestation, only one provider’s opinion will be needed, and for terminations between 20 and 24 weeks, two doctors’ opinions will be needed.
- Contraceptive Ineffectiveness
- In the event that a contraceptive method or device is ineffective, it also permits unmarried women to end a pregnancy.
- Medical Boards
- A Medical Board will be created by each state government and union territory.
- If there are significant foetal abnormalities at 24 weeks of pregnancy, the Board will decide whether or not to end the pregnancy.
- Privacy
- Names and other information about a woman whose pregnancy has been terminated must only be released to those who are authorised by current laws.
- Requirements of Doctors
- Up to 20 weeks of pregnancy, only one doctor’s opinion will be needed, and for terminations between 20 and 24 weeks of pregnancy, two doctors’ opinions will be needed.
Critics Against the Law
- According to a 2018 study in the Lancet, 15.6 million abortions were accessed every year in India as of 2015.
- The MTP Act requires abortion to be performed only by doctors with specialisation in gynaecology or obstetrics.
- However, the Ministry of Health and Family Welfare’s 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician gynaecologists in rural India.
- As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions.
- Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.
Pic Courtesy: Indian Express
Content Source: The Hindu