ABORTION LAWS IN INDIA
Evolution of the Medical Termination of Pregnancy (MTP) Act
- In India, abortion has been permitted since 1971.
- When the 1971 legislation was first implemented, obtaining a medical abortion up to 12 weeks into a pregnancy required the consent of one licensed physician, and obtaining an abortion up to 20 weeks required the consent of two physicians.
- The MTP Act was amended in 2003 to include new regulations permitting the medical termination of pregnancy for up to seven weeks using misoprostol, a recently developed abortion drug.
- In 2020, the MTP Act underwent a more thorough update, and in September 2021, the new law went into effect.
Important provisions of the MTP Amendment Act,2021
- The MTP Act of 1971’s maximum gestational age at which a woman could have a medical abortion was raised to 24 weeks by the amendment.
- However, there are restrictions on when abortion rights can be used under this revised upper limit.
- Up to 20 weeks into the pregnancy, the MTP may now be accessed based on the opinion of a single licensed medical professional.
- Two licensed medical professionals’ opinions would be needed from 20 weeks to 24 weeks.
- The provisions of this Act will be followed if a doctor’s recommendation is given and authorization is sought for at least one of the following reasons.
- If the woman’s life is in danger as a result of carrying the pregnancy to term.
- If the woman’s physical or mental health suffers significantly as a result of carrying the pregnancy to term.
Reasons for ending a pregnancy up to twenty-four weeks
The following circumstances allow for the termination of a pregnancy up to 24 weeks gestational age after consulting with two licensed medical professionals:
- If the woman has experienced incest, rape, or sexual assault;
- If she is a minor;
- If her marital status changes while the pregnancy is still ongoing (due to divorce or widowhood);
- If she is mentally ill or has severe physical disabilities;
- If the pregnancy is terminated due to fetal malformations that are incompatible with life or because there is a risk that the child will be born severely handicapped;
- If the woman finds herself in a humanitarian situation, a disaster, or an emergency that the government has declared.
- pregnancy that is more than 24 weeks
- In situations where the pregnancy has progressed beyond 24 weeks, abortion is carried out on the basis of fetal abnormalities.
- The MTP Act established a four-member Medical Board in each state, and this board is required to approve this kind of abortion.
Which cases are the exceptions?
- In addition, the amended Act permits one licensed medical professional to carry out an abortion at any point during a pregnancy if it is necessary to save the life of the expectant mother in an emergency, regardless of the previously mentioned limitations.
What laws apply to women who are single?
- The requirements of the modified 2021 MTP Act do not mention a spouse’s agreement, so unmarried women may also obtain an abortion in the aforementioned situations.
- However, the consent of the woman’s guardian is necessary if she is a minor.
Does the act allay privacy concerns?
- The MTP Act contains provisions that protect a woman seeking an abortion’s right to privacy.
- Registered medical providers may only “disclose the name and other particulars of a lady whose pregnancy has been terminated” to an individual who has been legally authorized, per Section 5A of the MTP Act.
- These medical professionals risk up to a year in jail, a fine, or even both if they infringe upon the woman’s privacy in any way.
Which sections pertain to abortion in the Indian Penal Code?
- There are sections in the Indian Penal Code pertaining to miscarriages.
- The IPC’s Section 312
- In India, this section essentially outlaws unrestricted abortion.
- A person who “voluntarily causes a woman with child to miscarry” is subject to punishment under this section.
- He or she could face a maximum three-year prison sentence, a fine, or both if the action was taken with the intention of saving the pregnant woman’s life.
- The IPC’s Section 313
- In accordance with this section’s provisions, an individual who induces a miscarriage without the pregnant woman’s consent, regardless of the woman’s pregnancy stage, faces a maximum 10-year jail sentence or life imprisonment, in addition to a fine.
What issues exist with the application of the MTP Act?
- In rural India, there is a 70% shortage of obstetrician-gynecologists, according to the Ministry of Health and Family Welfare’s Rural Health Statistics 2019–20 report.
- Opponents have pointed out that because the MTP Act forbids intentional abortion, it forces women to have unapproved abortions in dangerous and unhygienic environments.
- Statistics show that many of the 80,000 unsafe and illegal abortions performed annually in India result in the death of the mother.
Unborn Child’s Rights
- Recently, the Supreme Court denied a woman’s request to end her 27-week pregnancy, upholding the unborn child’s right to life.
- An Indian Chief Justice bench ruled that since the pregnancy had progressed past the 24-week mark, a medical termination of the pregnancy was not permissible.
- The idea of an unborn child’s rights is a complicated and contentious topic, especially when it comes to legal and moral debates.
- An unborn child’s rights can change based on ethical, legal, and cultural viewpoints.
- The rights of an unborn child are often not expressly acknowledged until a specific point in their development or at birth in many legal systems.
- This differs depending on the nation. For instance, rights might be acknowledged in some jurisdictions at the fetus’s viability, which is when it might be able to survive outside the womb.
- The pregnant person’s autonomy and rights may overlap with those of the unborn child.
- These intricate and frequently contradictory rights impact decisions about pregnancy termination, medical procedures, and prenatal care.
- Some contend that the fetus has rights to health and welfare, including safety during pregnancy, proper nutrition, and protection from harm.
- Cultural and religious convictions frequently have a big influence on how people think about the rights of unborn children.
- Certain cultures and religious traditions believe that an unborn child has a soul and moral status from the moment of conception.
- Pregnant women’s reproductive choices and rights must be weighed against the rights of the unborn child. Who gets to make the final decision in a conflict is a topic of discussion frequently.
- In certain places, if a pregnant person is the victim of violence or other abuse that ends up harming or killing the fetus, the unborn child is protected by law.
- These laws, which are also known as fetal homicide laws, differ greatly in their application and scope.
- Preserving the health and rights of the expectant mother is also crucial. When discussing the rights of the unborn child, maternal rights are an important factor to take into account.