Breaking The Barriers With Abortion Rights In India

March 19, 2024
Abortion Rights in India

Similar to other countries, India has a controversial abortion policy. However, because of the nation’s intricate legislative framework, which has developed over time, there is frequent misunderstanding over the legality of abortion in the nation.

Abortion Rights in India: History

  • The colonial era is where India’s abortion regulations first appeared.
  • Abortion was illegal under the British-era Indian Penal Code, 1860 (IPC), which regarded it as a grave crime unless it was performed to save the mother’s life.
  • Prior to the passage of the Medical Termination of Pregnancy Act, 1971 (MTP Act), in 1971, abortion was illegal in India. This marked a shift in the country’s legal position regarding abortion.
  • Section 312 of the Indian Penal Code, however, continues to make it illegal to cause a miscarriage if the miscarriage is not brought about to save the woman’s life.

Abortion Laws and Regulations

Indian Penal Code (1860):

  • According to Section 312 of the IPC, an individual who intentionally induces a miscarriage, also known as a spontaneous abortion, faces criminal charges for the miscarriage offense.
  • Section 313 of IPC addresses miscarriage caused without the woman’s permission.
  • Section 314 of IPC addresses the scenario in which a miscarriage results in a woman’s death.
  • Section 315 of the IPC addresses an act that results in the death of a child shortly after birth or an act that prevents a kid from being born alive or in a stillbirth.
  • Section 316 of the IPC addresses conduct that qualifies as culpable homicide. Any act under such circumstances that results in the quick child’s death and, consequently, the child’s death will be prosecuted under this offense.

Preconception and Prenatal Diagnostic Technique Act (1994):

  • The Act’s main goal was to limit prenatal diagnostic methods in order to address the growing problem of female foeticide and other problems associated with it.

Medical Termination of Pregnancy (MTP) Act (1971):

  • Prior to the passage of this Act, abortion was prohibited in India and punishable by law under the Indian Penal Code, 1860, with the exception of situations in which it was performed in good faith to save a pregnant woman’s life. 
  • To prevent hurting anyone’s moral or religious feelings, the name of this Act was purposefully chosen to reflect what it is, rather than reflecting abortion.

Legal Abortion Limit India

  • The Indian government introduced changes to the MTP Act in 2021, which was a major move.
  • The goal of the proposed revisions was to provide women more freedom to choose how to conceive by raising the gestational age limit for abortion from 20 to 24 weeks.
  • It extended the statute’s advantages to all women, including single and divorced women.
  • The Central government notifies MTP, (Amendment) Rules, 2021 in addition to the Amendment Act.

Women’s Health and Legal Abortion

For the betterment of the women’s health, the legal abortion is carried out smoothly:

  • One way to end a pregnancy is to remove the uterus surgically or stop taking certain drugs.
  • When an abortion is performed in a hospital or clinic by a qualified healthcare provider, complications are rare.
  • There is no increased danger to the woman or fetus from an induced abortion in subsequent pregnancies.

Women’s Reproductive Rights India: Case Laws

  • In the case of Nand Kishore Sharma and Ors. v Union of India, the Court underlined the MTP Act’s purpose and stated that it was passed to enact the strictest and most efficient abortion-related laws available. These laws were not passed to permit the outright termination of pregnancy. 
  • In the case of High Court on its Own Motion v State of Maharashtra, the Bombay High Court correctly concluded that a woman’s right to her own body is violated when she is forced to carry on an unwanted pregnancy because it causes her emotional distress and negatively affects her mental health because of the immediate social, economic, and other consequences that come with it.
  • In the case of X v Principal Secretary, Health and Family Welfare, Govt of NCT Delhi, the MTP Act, 1971 granted all women the right to end their pregnancy after 24 weeks of becoming pregnant, as decided by the Supreme Court.

The MTP Act, of 1971, was passed, legalizing abortion in India. It was an offense covered by Sections 312-316 of the IPC before this. Pregnancy termination was permitted by the 1971 Act within the strict guidelines set forth in the Act. Enacting rules and regulations that support women’s reproductive choices is crucial since acknowledging this right is fundamental to a free nation. 

It is desired that women have the right to safe abortions, and it is crucial that the government not impede on that right unless there are extraordinary circumstances.

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Abortion Rights in India FAQs

What is the abortion law in India’s current affairs?

The MTP Act was changed in 2021 to expand the previous law’s scope and allow for the termination of pregnancies even after 24 weeks. The amendment recognized MTP in great detail in seven distinct situations, including small pregnancies, rape survivors, and women with physical and mental problems.

What is the Supreme Court abortion law in India?

The Medical Termination of Pregnancy Act in India permits abortions up to 24 weeks into the pregnancy, after which a board of doctors must vouch for the presence of fetal abnormalities or a risk to the woman’s life before further terminations can be performed.

Who can perform MTP?

  • An Obstetrics and Gynaecology practitioner with a postgraduate degree or certification.
  • A professional with six months of house-duty experience in obstetrics and gynecology.

How many weeks is abortion illegal in India?

Although abortions can now be safely conducted to term, the Medical Termination of Pregnancy Act prohibits them beyond 24 weeks.

What are the risks of taking MTP?

Unsupervised MTP pill use is linked to consequences such as increased risk of failed or partial abortions, as well as ruptured ectopic pregnancies. Life-threatening bleeding may ensue from excessive vaginal and intra-abdominal hemorrhage.

What are the aims and objectives of MTP?

The primary goal of the most recent MTP Act modification was to increase access to legal abortion while decreasing the number of unsafe abortions. One major contributing factor to the high number of unsafe and illegal abortions is the lack of access to MTP services at the basic healthcare level.

What is the age limit for MTP?

A woman whose guardian has not given written approval cannot terminate a pregnancy on behalf of a woman who is not eighteen years of age or who is insane after becoming eighteen.

What is the full form of MTP abortion?

Medical Termination of Pregnancy is the full form of the term. It is advised in cases when a woman becomes pregnant and the couple decides they do not want to have a child or when an advanced diagnostic test identifies a major genetic disorder in the embryo.

What is the threat of abortion?

Vaginal bleeding before 20 weeks of pregnancy in the presence of a positive urine and/or blood pregnancy test, a closed cervical, no passage of the products of conception, and no indication of fetal or embryonic death is considered a threatened abortion.

What is septic abortion?

Any abortion, either spontaneous or induced, that is worsened by a serious uterine infection, such as endometritis or parametritis, is referred to as a septic abortion.

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