Abortion laws and their application in India have been a topic of significant discussion, particularly following the latest amendments introduced with the Medical Termination of Pregnancy (MTP) Act 2021. The recent ruling by the Supreme Court of India, which enabled an unmarried woman to terminate her pregnancy at 24 weeks, has brought the issue into sharp focus.
The Delhi High Court’s Decision
The Delhi High Court had initially denied the unmarried woman’s request to end her pregnancy after 20 weeks. This decision was based on Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which stipulates that only women in married relationships are eligible for termination after 20 weeks.
The Supreme Court’s Ruling
Contrary to the Delhi High Court’s stance, the Supreme Court presented a broader interpretation of the MTP Act 2021. The court stressed that the law should not be confined to marital relationships only. It acknowledged that denying the petitioner the benefits of the law on account of her unmarried status contradicts the act’s objectives. Additionally, the Supreme Court also directed the All-India Institute of Medical Sciences (AIIMS) to establish a medical board to assess whether terminating the pregnancy will put the mother’s life at risk.
A Brief History of India’s Abortion Law
Before the 1960s, abortion was considered illegal under Section 312 of the Indian Penal Code (IPC). It was punishable with up to three years’ imprisonment, a fine, or both. The change started in the mid-1960s when the government formed the Shantilal Shah Committee to review the need for abortion law. Following the report from this committee, the Medical Termination of Pregnancy (MTP) Act 1971 was enacted, except for the state of Jammu and Kashmir.
The Medical Termination of Pregnancy (MTP) Act, 1971
The MTP Act 1971 stipulated that a pregnancy could be terminated by a medical practitioner in two scenarios. Firstly, if a single doctor opined that the continuation of the pregnancy could pose a risk to the woman’s physical or mental health. Secondly, if there were substantial risks of physical or mental abnormalities with the child. In the latter case, the opinions of two doctors were required.
Recent Amendments in 2021
In 2021, the MTP Act was modified to allow abortions up to 20 weeks on the advice of a single doctor. For pregnancies between 20 and 24 weeks, the opinions of two doctors are needed. The recent alterations also specified seven categories of women eligible for termination under section 3B of the rules prescribed under the MTP Act.
Issues Associated with the MTP Act
Several concerns surround the MTP Act. The act recognizes changes in marital status during pregnancy, but does not adequately address the situation for unmarried women. It is also criticized for transferring the decision-making power from the pregnant woman to the Recognized Medical Practitioner (RMP). This confers the RMP with significant discretion to determine whether an abortion should be granted or not.
The Way Forward
Although India’s legal framework on abortion is largely progressive compared to many countries, there is still room for improvement. Policymakers need to shift their focus towards safeguarding women’s reproductive rights rather than imposing restrictions on medical practitioners performing abortions.