Abortion law in India has a complex history, grounded in both medical and social considerations. The primary legislation governing this area is the Medical Termination of Pregnancy (MTP) Act, first established in 1971 and later updated in 2021. This law is crucial to the reproductive rights of women in the country.
Examining the Recent Supreme Court Ruling on the MTP Act
The Supreme Court recently allowed all women in India, regardless of their marital status, to have an abortion up to 24 weeks into pregnancy. This marks a significant change to an old 51-year-old law, which had prohibited unmarried women from terminating pregnancies up to 24 weeks old.
The Constitutional Implications: Article 21 and Article 14
The court argued that the rights of reproductive autonomy, dignity, and privacy under Article 21 of the Constitution give an unmarried woman the right to choose whether or not to bear a child. The court also noted that prohibiting single or unmarried pregnant women from accessing abortion while allowing married women to do so was a violation of the right to equality and equal protection under Article 14.
Historical Perspective: India’s Abortion Law
Until the 1960s, abortion in India was illegal and could result in three years of imprisonment and/or a fine under Section 312 of the Indian Penal Code (IPC). However, a government committee led by Dr Shantilal Shah recommended the introduction of a termination bill in Parliament that led to the creation of the MTP Act in 1971.
About the Medical Termination of Pregnancy (MTP) Act, 1971
The MTP Act permitted the termination of pregnancy by a medical practitioner based on specific criteria. The doctor’s opinion was crucial for abortions up to 12 weeks after conception. For pregnancies between 12 to 20 weeks old, the views of two doctors were required.
Recent Amendments: Medical Termination of Pregnancy (MTP) Act, 2021
In 2021, Parliament amended the law to allow for abortions up to 20 weeks based on the advice of one doctor. For pregnancies between 20 and 24 weeks, the opinion of two doctors is required. The amended law also identified seven categories of women who would be eligible for seeking termination under specific rules.
Challenges and Concerns with the Current Law
While these changes are progressive, they do not address the issue of unsafe abortions, which are the third leading cause of maternal mortality in India. Furthermore, the law suffers from implementation problems, especially in rural India, which has a 70% shortage of obstetrician-gynaecologists.
The Way Forward
India’s legal framework on abortion is widely seen as forward-thinking, particularly when compared to other countries. However, there is still room for improvement. Policymaking needs to be more inclusive and prioritise women’s reproductive rights rather than placing restrictive boundaries on medical practitioners performing abortions.
