Context
Recently in a very exceptional case, the Supreme Court has allowed a 14-year-old victim of sexual assault to terminate her 29-week pregnancy.
Key Highlights
- The Medical Termination of Pregnancy Act (MTP Act), which was first enacted in 1971 and amended in 2021, lets in the termination of pregnancy.
- Up to 20 weeks, termination is allowed on the advice of one doctor.
- In case of a pregnancy of 20-24 weeks, abortion is permitted as an exception (under seven detailed categories [minors or sexual assault; women with disabilities; etc]), after two registered clinical practitioners have evaluated the right to are searching for termination.
Abortions After 24 Weeks of Pregnancy
- The law calls for that a medical board be set up in “authorized centers”, which may “permit or deny termination of pregnancy” only if there is substantial foetal abnormality, checked through the take a look at of “foetal abnormality” (the time after which a foetus can survive outside the womb).
What are the Legislative Gaps within the MTP Act?
- The decision to terminate after 20 weeks is shifted to doctors (not the woman)and ladies coming near the court at the eleventh-hour point to a legislative gap. Also, the law tilts more to the side of the woman’s autonomy than towards the rights of the unborn child.
About Abortion
- Abortion is the planned termination of a pregnancy, generally carried out during the primary 28 weeks of gestation. It can be performed through diverse scientific procedures or medications, depending on the level of pregnancy and the choices of the character in search of abortion.
- Abortion can be a pretty contentious and debated subject matter, regularly concerning moral, ethical, religious, and prison concerns.
Proponents
- Proponents of abortion rights argue that it’s far from a fundamental reproductive right that allows people to make choices about their own bodies, health, and future.
- They emphasise the significance of access to safe and legal abortion services in preventing unwanted pregnancies, shielding women’s fitness, and helping reproductive autonomy.
Opponents
- Opponents of abortion, regularly referred to as “pro-life,” consider that abortion is morally incorrect and have to be constrained or prohibited entirely.
- They usually argue that life begins at conception and that terminating a pregnancy is equivalent to taking a human life, thus violating the rights of the unborn foetus.
Legal Provisions Related to Abortion in India
- Until the 60s, abortion was prohibited in India, and violating this caused imprisonment or fines under Section 312 of the Indian Penal Code.
- The Shantilal Shah Committee was set up within the mid-Sixties to investigate the need for abortion guidelines.
- Based on its findings, the Medical Termination of Pregnancy (MTP) Act, 1971 was enacted, allowing secure and prison abortions, safeguarding women’s health, and reducing maternal mortality.
- The MTP Act, 1971, allows abortion up to 20 weeks of gestation, with the consent of the female and on the advice of one registered scientific practitioner (RMP). However, the regulation became updated in 2002 and 2021.
- The MTP Amendment Act, 2021 permits abortion from 20 to 24 weeks of gestation for particular cases like rape survivors, with approval from two doctors.
- It sets up state stage Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of full-size fetal abnormalities.
- It extends the failure of contraceptive clauses to unmarried women (first of all handiest married women), allowing them to seek abortion services on grounds of their choice, irrespective of their marital repute.
- The Constitution of India, which guarantees the right to life and personal liberty to all citizens underneath Article 21. This right has been interpreted via the Supreme Court of India to include the right to reproductive preference and autonomy for women.
Source: Indian Express
UPSC Mains Practice Question
Q.What are the continued challenges for Women in India against time and space? (2019)
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