Legal Status of abortion in India:

GS Paper 2:

Topics Covered: Legal status of Abortion ,Abortion rights , Issues

Context:

A bill intended to codify abortion rights in the United States failed to advance in the Senate.

• The Women’s Health Protection Act, which had passed the House of Representatives, was voted down 49-51 in the upper chamber.

What’s the issue?

The bill would codify the right to an abortion into federal law.

• Republicans have criticised the bill, saying that it went further than most Americans would want to go on abortion rights.

Legal status of abortion in India:

Indian Penal Code:

• It says, voluntarily causing a woman with child to miscarry is an offence attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
• A pregnant woman causing herself to miscarry is also an offender under this provision apart from the person causing the miscarriage, which in most cases would be a medical practitioner.

Medical Termination of Pregnancy (MTP) Act, 1971:

This law is an exception to the IPC provisions above and sets out the rules for accessing an MTP.

• This law has been amended twice since, the most recent set of amendments being in the year 2021.
• However, the law does not recognise and/or acknowledge the right of a pregnant person to decide on the discontinuation of a pregnancy.

According to MTP Act 1971, when can MTP be accessed?

1. The continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health.
2. If the pregnancy is as a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent a pregnancy.
3. The anguish caused by the continuation of such a pregnancy would be considered to be a grave injury to the mental health of the pregnant woman.
4. The other reason for seeking an MTP is the substantial risk that if the child was born, it would suffer from any serious physical or mental abnormality.

Procedure:

• The pregnancy can be terminated for any of the above reasons, on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age.
• From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
• Any decision for termination of pregnancy beyond 24 weeks gestational age, only on the ground of foetal abnormalities can be taken by a Medical Board as set up in each State, as per the law.
• No termination of pregnancy can be done in the absence of the consent of the pregnant person, irrespective of age and/or mental health.

Right to Health:

In various case, the courts had ruled that the right of a pregnant woman to decide on the continuation of her pregnancy is a part of her right to health and right to life. Therefore, right is non-negotiable.

Issues surrounding Abortion laws in India:

• Reference: read this.

InstaLinks:

Prelims Link:

1. Abortion laws in India.
2. Indian Penal Code.
3. MTP Act, 1971.
4. Amendments to MTP Act.
5. Procedure to be followed for Abortion in India.

Mains Link:

Discuss the issues associated with abortion laws in India.

Q.3) Consider the following statements:

1. Medical Termination of Pregnancy (MTP) Act, 1971 has been amended only once so far.
2. Under the law, for termination of pregnancy from 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.

Which of the above statements is/are correct?

1. 1 only.
2. 2 only.
3. Both.
4. None of the above. 

Sources: the Hindu.