Abortion is the medical process of ending a pregnancy. In this process, termination is done by various methods before the fetus is ready to sustain an independent life. It is done under medical supervision and majorly done through two processes. First is the Medication Abortion, which is done by medicine, it is called “Medical Abortion” or “Abortion with pills”. The second is known as Procedural abortion, a process to remove the pregnancy from the uterus with the help of surgery and is known as “Surgical abortion”.
History of Abortion Law:
- Under the Indian penal code,1860, it was a criminal offense to voluntarily terminate a pregnancy. Under section 312, a person who voluntarily causes a woman with the child to miscarry is liable to punishment, with a jail term of up to three years or a fine, or both unless the abortion was in good faith and the priority was saving pregnant mother life.
- Section 313 also states that if a person causes a miscarriage without the consent of the pregnant woman (stage of pregnancy was not considered), shall be punished with life imprisonment or a jail term that can be of 10 years as well as a fine.
- During the 1960s the no. of abortion cases was increasing, and the maternal mortality rate was rising. The Union government took cognizance of the situation and ordered the constitution of the Shantilal Shah Committee to make abortion legal. The focus was also to reduce Maternal mortality and the Medical Termination of Pregnancy Act came into force in 1971. This law came as an exception to Indian penal code provisions of section 312 and section 313, which sets out rules on how it will be carried and abortion was legalized.
Medical Termination of Pregnancy (MTP) Act, 1971:
After studying socio-culture, medical and legal scenarios, and grassroots level studies the Shantilal Shah committee in 1964 recommended legalizing abortions.
This act provided abortion rights to women for up to 12 weeks on the opinion of one doctor and up to 20 weeks on the opinion of two doctors. It also permitted it at any stage of pregnancy if there was an emergency to save the women’s life.
Conditions of the Act:
- If pregnancy causes a threat to a woman’s life and can be a reason for physical and mental damage.
- If the child has a severe condition or is physically and mentally handicapped.
- If pregnancy happened due to failed contraceptive.
- If pregnancy is due to rape.
Before the major development in 2020 in this act, a new rule was introduced in 2003 to use abortion medicine misoprostol, to medically abort the fetus for up to seven weeks.
Medical Termination of Pregnancy ( Amendment) Act, 2021
This act passed in March 2020 and the amendments include:
- The increased time limit for abortions is from 20 weeks to 24 weeks.
- Allowed unmarried women to terminate their pregnancy in case of contraceptive failures.
- Abortion is included under the Right to privacy, abortion information can only be revealed to an authorized person. This was more inclusive for Rape survivors, victims of incest, minors, and the differently-abled.
- An earlier opinion of two doctors was important for abortion at 20 weeks which after this act reduced to one doctor. Now the opinion of two doctors is important for abortion between 20 to 24 weeks.
- Not fix upper gestation limit in case of abortions above 24 weeks, the medical board is authorized to decide based on severity. Board will be set up by the state government and administrators in case of UTs.
Other Judgments Related to Abortions:
- In the landmark case of Suchita Srivastava, the Supreme court upheld Article 21 of the Indian constitution which guarantees the right to life and personal liberty in a broader dimension and extends the liberty of a woman to make reproductive choices.
- In Justice K.S. Puttaswamy’s case, the Right to privacy as a Fundamental right mentions Suchita Srivastava’s case and held that women’s rights to abortion fall within the purview of the right to privacy.
- In Feb. 2022, a 37-year-old woman, who was 34 weeks pregnant got an abortion done as the fetus was diagnosed with an incurable spinal condition. The court permitted MTP even after the medical board rejected the woman’s request.
Significance of the Medical Termination of Pregnancy Act:
- It makes India stand amongst nations with highly progressive laws.
- It will empower women, who are vulnerable and victims of rape.
- New law is empathetic, forward-looking and deal with sensitive issue strongly.
- No gestational limit addresses maternal morbidity and mortality issues.
Criticism Against Abortion Law:
- According to the NFHS survey 2019-2021, 27 percent of abortions were carried out by women themselves at home. Law not permitting abortion pushes women to illegal abortions.
- According to the United Nations Population fund report 2022, 8 women die each day due to unsafe abortions.
- India has a shortage of 70 percent gynecologists and obstetrician and the MTP act suggest abortion under their specialization.
- Law only talks about “woman” and leaving third gender, transgenders, and Binary who are capable of bearing children.
Arguments in favor of Abortion:
- The moral right of women to decide about their bodies.
- The right to abortion is important for gender equality.
- Banning abortion will lead to illegal abortions. Ex- Pregnant women in the USA are moving to a nearby state for an abortion.
- Abortion affects the mental, physical, educational, and professional life of a woman and she will be dealing with consequences so her decision will make the journey easy.
Arguments against Abortion:
- Killing people is wrong and abortion is like murder.
- Adoption is alternative to abortions and people have the choice to give up a child for adoption if they can’t keep it.
- Abortion has other side effects and leads to other medical complications.
- Abortion should not be used as another form of contraception.
Conclusion:
The recent judgment of the supreme court of America which overturned the legal right of abortion is heavily criticized and citizens registered their protest in the USA. India, being a developing country, is setting an example of providing liberty to women and respecting their choices. Though the condition is not perfect and taboo around abortion makes it worse, but we as a country need to be more open and considerate towards women. At the same time, the government should work more for providing women with better conditions for conceiving pregnancies and at the same time for abortion.