MEDICAL TERMINATION OF PREGNANCY IN INDIA

MEDICAL TERMINATION OF PREGNANCY IN INDIA

Abortion is a social evil where the fetus is aborted/ killed in the womb of the mother itself for various reasons. This was legalized in India by passing a legislation named Medical Termination of Act, 1971. According to this law Abortion is valid if it fulfills those conditions which were mentioned in the legislation. Abortion laws are introduced only to reduce the rate of unsafe abortions and cases of female feticides. These laws made women feel safer about their reproductive rights. 

In 1964 Government of India appointed the Shah Committee for performing a study on the socio-culture, medical and legal scenarios for abortion. This committee, after research stated many field studies and recommended the Government of India to legalize the abortion in India. 

In 1971 the Government of India came up with a legislation named, The Medical Termination of Pregnancy Act,1971. 

This 1971 legislation gave the woman the right to terminate her pregnancy up to 20 weeks of her pregnancy in a few situations. The following are s few situations where a woman can terminate her pregnancy: 

1. If the pregnancy imposes a great threat to a woman’s life and causes physical and mental damage to her. 

2. If the expected child will face a threat to life or will be physically or mentally handicapped. 

3. If the pregnancy is result of rape.

4. If the pregnancy is the result of contraceptive failure. 

The most recent legislation regarding Abortion laws in India is the Medical Termination of Pregnancy (Amendment) Act of 2021. This legislation is the upgradation to the existing one i.e, The Medical Termination of Pregnancy Act,1971. This Amendment aims to extend the upper gestation limit for legal abortion and has made a few changes which are really helpful to the women. Amendments made to the existing legislation are helpful for the women in upgrading their rights. 

AMENDMENTS MADE ARE : 

1. The act allows abortion for up to 20 weeks based on the judgment of one  medical practitioner.

2. If the woman wants to terminate her pregnancy between 20-24 weeks then she requires the consent of two doctors. 

3. This extension from 20 weeks to 24 weeks is available only for special categories of women, such as rape victims, minors, differently abled women and incest victims. 

4. The state-level medical board will evaluate whether abortions after 24 weeks are permissible based on whether there are significant fetal abnormalities.

5. Abortions can be performed by anyone who has specialized in gynecology and obstetrics. 

6. The name and other details of the woman whose pregnancy is terminated shall be revealed to only those persons who are authorized by the law. 

7. The woman should file a writ petition if abortions are requested to terminate pregnancies resulting from rape and a gestation period of more than 24 weeks. 

8. A pregnancy may be terminated up to a period of 20 weeks by both married and unmarried women if a contraceptive method or device fails. 

In  X vs The Principal Secretary Health and Family Department GNCTD and Others case the Supreme Court has declared that unmarried women are also entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship.The Court ruled that exclusion of unmarried women who conceive out of live-in relationship from the Medical Termination of Pregnancy Rules is unconstitutional.  Justice D.Y.Chandrachud has stated that “ All women are entitled to safe and legal abortion”, the judgment stated while holding that the distinction between unmarried woman and a married woman as per the MTP rules is arbitrary. 

CONCLUSION : The Amended version of The Medical Termination of Pregnancy Act is really helpful to the women in safeguarding their right to hold/ terminate their pregnancy. 

This Act allowing the rape survivors, minors , physically and mentally disabled women, and incest survivors to terminate their pregnancy is a bane to them.

**Author: Sushma Swaraj Mamillapalli - Student at ICFAI Law School, Hyderabad