India’s abortion law must be amended to take into account the agency of women.
What is the need?
Many women, when denied legal abortions, turn to unqualified providers or adopt unsafe methods of termination.
Various estimates indicate that unsafe abortions account for 8% of maternal deaths in India.
15.6 million abortions took place in India in 2015 out of which about 11.5 million took place outside health facilities.
What is the Abortion law of India?
Abortion has been legal in India under the Medical Termination of Pregnancy (MTP) Act, since 1971.
According to the Act, abortion can be provided at the discretion of a medical provider under certain conditions.
Currently, the Act allows abortion up to 20 weeks.
When the Act was introduced, policymakers had two goals
To control the population resulting from unintended pregnancies (which even today are to the tune of 48%)
To reduce the increasing maternal mortality and morbidity due to illegal, unsafe abortions
What are the concerns?
The Medical Termination of Pregnancy Act has limitations that pose barriers to women and girls seeking legal abortions.
A woman’s right to decide for herself, did not and still does not fall within the intent or ambit of the MTP Act.
When it comes to foetal abnormalities and pregnancies resulting from rape, this limit of 20 weeks is proving to be a hurdle for both the woman and the provider.
Women seeking an abortion after the legal gestation limit often have no option but to appeal to the courts for permission to terminate the pregnancy.
What are the pending measures in this regard?
In 2014, the Ministry of Health and Family Welfare recognised these barriers and proposed certain amendments to the Act.
Consequently, the MTP (Amendment) Bill, 2014, was submitted, proposing some changes.
They include -
increasing the gestation limit from 20 to 24 weeks for rape survivors and other vulnerable women
removing the gestation limit in case of foetal abnormalities
In 2017, these amendments were returned to the ministry with the mandate to strengthen the implementation of the MTP Act as it stands.
The amendments are yet to be revised and returned to the PMO.
