Many religions believe a child as the gift of God which makes abortion a hotly debated topic or rather a taboo issue. Some may argue that the foetus growing in the woman’s womb has the right to existence which outweighs the woman’s right to control her own body. However, the modern ideologies pose conflicts to the conventional practices. People are trying to fill the gap between culture and current needs, one among which is Medical Termination of Pregnancy (MTP).
In 2018, a study suggested that more than 50% of the pregnancies in the 6 major states of India are unintended and contraceptives still remain very unpopular in our country. As a result, a number of women had no option but to turn to illegal, unsafe abortion operations.
In 1971, India adopted MTP act which allowed women to undergo abortion in the following conditions:
- If continuing pregnancy posed risk to the woman’s physical or mental health or life
- If the foetus had severe abnormalities
- If pregnancy was a result of failure of contraception in case of married women or rape or sexual assault.
The act was originally adopted due to the increasing maternal mortality rates. Before 1971, abortion entirely was a criminal offence punishable by law. However, in January 2020, the Union Cabinet passed the MTP Amendment Bill which expanded the access of safe and legal abortion to all women as a step towards safety and well-being of the women. The amendment brings about the following changes:
- Increase in limit of termination of pregnancies from 20 weeks to 24 weeks with the provision that those between 20 to 24 weeks will require the approval of two registered medical practitioners and shall apply to specific categories prescribed by government.
- The new amendment takes into account the unmarried women, which the original act did not allow. It replaces “married woman or her husband” with “woman or her partner”.
- The bill also allows the right of privacy, stating that no medical practitioner will be allowed to reveal the woman’s identity.
The change in policy was definitely a significant step towards the upliftment of women and is greatly welcomed. It vastly benefits the survivors of rape and incest, minor women for whom ignorance, fear and lack of support, all contributes in inability to recognise a pregnancy before 20 weeks with less than sufficient amount of time to seek abortion. They are therefore, forced to move the court. The pace of delivery of justice is also leaves less than sufficient time for such women for the accused to be proven guilty. This leaves them helpless and often poses massive risk to their reproductive health, sometimes even lives.
More so, in a country where abortion is shrouded in religious and cultural stigma, assurance of confidentiality is a substantial consolation.
The understated amendment has put India among the progressive and liberal nations and given Indian women the autonomy to choose their abortion. It also increases in the upper limit of termination of pregnancy. Although this may encourage abortion practices, it may pave way to significant complications that are involved. Some of these being
- Damage to cervix and other internal organs
- Scarring of uterus lining
- Incomplete abortion
- Risk of infections and sometimes development of tumor in breast
- Death resulting from the operation
- It also has psychological impact on emotional health which include guilt, depression, suicidal thoughts, sexual dysfunction and other disorders.
There are also some arguments that the amendments are not without condition that two physicians need to approve abortions between 20 to 24 weeks window, thereby putting the procedure out of reach of women belonging from marginalized communities who may not have access to doctors. Furthermore, the bill does not recognise abortion as an extension of the right to body’s autonomy but as an extension from a criminal liability where a woman can be held liable under the IPC.
It is important that reproductive rights must be exercised to procreate as well as abstain from procreating. India needs a law providing abortion on request as long as the women’s health is not at stake. No woman can call herself free until she can choose consciously whether or not be a mother.
