Abortion Law in India
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- 20 Apr 2024 --
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Abortion Law in India
The termination of a pregnancy following, concomitant with, resulting in, or shortly after the death of the embryo or fetus is known as an abortion.
The Indian abortion method is governed by the Medical Termination of the Pregnancy Act of 1971.
The Shantilal Shah Committee's conclusions led to the authorization of the Medical Termination of Pregnancy (MTP) Act of 1971, which reduced maternal mortality, promoted women's health, and made safe and legal abortions possible. Before this, abortion was prohibited by Section 312 of the Indian Penal Code.
Under the MTP Act of 1971, a woman may have an abortion up to 20 weeks into her pregnancy if she consents and one registered medical practitioner (RMP) recommends it. On the other hand, the statute was revised in 2021 and 2002.
The 2021 amendment altered the initial purpose of the statute, which was to lower pregnancy-related mortality rather than protect a woman's right to a safe abortion.
Under certain circumstances, such as those involving rape, incest, minors, women going through a divorce or becoming widowed, women with disabilities, women with fetal abnormalities, and those experiencing an emergency, disaster, or humanitarian crisis, the MTP Amendment Act, 2021 permits abortions up to 24 weeks gestation. Notably, the Amendment Act broadened the definition of access by substituting any woman for the 1971 law's definition of "married women."
The amendment was a response to several women who had undesired pregnancies that went beyond the acceptable gestation period requesting access to safe medical care through the Indian courts.
It establishes Medical Boards at the state level to determine whether or not a pregnancy may be ended at 24 weeks if there are significant fetal abnormalities.
- The Indian Constitution, specifically Article 21, ensures that every individual has the right to life and personal liberty. The Indian Supreme Court has construed this right to encompass women's autonomy and choice over their reproductive processes.
- In X v. the Principal Secretary Health and Family Welfare Department & Another6, a three-judge Supreme Court bench ruling from 2022, it was determined that women are free to access abortion services on the basis of their choice, regardless of their marital status.
- The Supreme Court's judgment is a seminal decision concerning abortion access and the right to reproductive and decisional autonomy.
The Bombay High Court has ruled in X.Y.Z v. B.J. Government Medical College and Sassoon Hospital, Writ Petition No. 7745 of 2024 that abortion is permissible where the pregnant lady would suffer severe mental harm if the pregnancy were to continue. - The division bench, composed of Justices N.R. Borkar and Somasekhar Sudaresan, decided that abortion rights should not be limited to pregnancies brought on by sexual assault, but should also extend to circumstances in which the pregnant lady suffers a serious mental impairment.
- Reproductive choice, autonomy, and dignity are all guaranteed by Article 21 of the Constitution, and ending a pregnancy is a very personal decision that is closely related to all of these.
- Conclusion:
Thus, India is able to legally perform abortions under the Medical Termination of Pregnancy (MTP) Act of 1971, but only in certain situations. The Supreme Court has recognized the Act as a woman's reproductive right and allows women to get safe and legal abortion services.
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