The law on abortion, what it meant for unmarried women.

News Highlight

The law on abortion recognises the change in the relationship status of a pregnant woman in the cases of divorce and widowhood, but not for unmarried women.

Key Takeaways

• Rule 3B of the Medical Termination of Pregnancy Rules, 2003, allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks.

What is the abortion law in India?

• Section 312 of the Indian Penal Code, 1860
  • It criminalizes intentionally “causing miscarriage,” regardless of whether the pregnant lady gave her consent unless the miscarriage was necessary to preserve the woman’s life.
• The Medical Termination of Pregnancy Act (MTP Act)
  • The Medical Termination of Pregnancy Act (MTP Act) was introduced in 1971 in an effort to “liberalise” abortion access.
  • Due to the fact that the restricted criminal provision was encouraging women to adopt harmful and dangerous methods of pregnancy termination.
  • The MTP Act allowed termination of pregnancy by a medical practitioner in two stages.
  • For termination of pregnancy up to 12 weeks from conception, the opinion of one doctor was required.
  • For pregnancies between 12 and 20 weeks old, the opinion of two doctors was required.
•   The Parliament amendment in 2021
  • It allowed for termination under the opinion of one doctor for pregnancies up to 20 weeks.
  • For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.
•   Section 3B of Rules under the MTP Act
  • 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,
    1. Survivors of sexual assault or rape or incest.
    2. Change of marital status during the ongoing pregnancy (widowhood and divorce).
    3. Women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016.
    4. Mentally ill women including mental retardation.
    5. The foetal malformation 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.
• Women with pregnancy in humanitarian settings or disaster or emergency situations may be declared by the Government.

The Gap in the law

• While the law recognises the change in circumstances of the relationship status between a pregnant woman and her spouse — in the case of divorce and widowhood — 
• It does not envisage the situation for unmarried women.

Why does the legislation have this gap?

• In 1971, when The MTP Act was enacted, it was essentially framed with a moralistic lens that put married women in focus.
• The 2021 amendment has not changed that view.

 Conclusion

• Even so, India’s legal framework on abortion is largely considered progressive, especially in comparison to many countries including the United States where abortion restrictions are severely restricted — both historically, and at present.

Pic Courtesy: Indian Express

Content source: Indian Express