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• Despite the Supreme Court's judgment that married and unmarried women have the equal right to terminate their pregnancy until 24 weeks, the situation on the ground has not changed much.

Details

• Recently, the Supreme Court of India stated that differentiating between married and unmarried women for allowing termination of pregnancy on certain exceptional grounds is unconstitutional.
• According to many activists, the court’s judgment is progressive. However, the ground reality has not changed much; as the Court verdict lacked any clear indication or order for the government to amend the Medical Termination of Pregnancy Act to include unmarried women under the extended 24-week ambit.
  • Unless the provisions under the Act are changed, women will find it difficult to seek abortion in health facilities. This will promote illegal and underground abortions, which will increase the health-related risk for women.

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Abortions law in India

• In the 1960s, the Union government constituted Shantilal Shah Committee to prepare a draft for the legalization of abortion in India.
• In 1971, the Medical Termination of Pregnancy (MTP) Act was enacted to reduce maternal mortality due to unsafe abortions.
  • It set an upper limit of the gestation period to which a woman can seek a medical abortion to 20 weeks.
  • Abortion is to be performed only by doctors with specialization in gynecology or obstetrics.
• Under section 312 of the Indian Penal Code (IPC), a person who “voluntarily causes a woman with child to miscarry” will be jailed for up to 3 years or fined or both.
  • The only exception from punishment is when it was done to save the life of the pregnant woman.
• The MTP Act was amended in 2003 to allow the use of the abortion medicine misoprostol, to medically terminate a pregnancy for up to 7 weeks.
• The MTP Act was again amended in 2021, it increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from the 20 weeks permitted in the 1971 Act. But the new upper limit can only be applied in specific cases.
  • Abortion up to 20 weeks of gestational age can be done after the opinion of a single registered medical practitioner.
  • From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
• Under the 2021 amendment Act, medical termination of pregnancy is permitted if it is based on medical opinion and fulfill at least one of the following reasons;
  • If the pregnancy would involve a risk to the life of the pregnant woman.
  • If pregnancy results in any injury to the woman’s physical or mental health.
  • If f unborn child suffers from a serious physical or mental abnormality.

• The pregnancy can be terminated up to 24 weeks of gestational age under any of these conditions;
  • If the woman is either a survivor of sexual assault or rape.
  • If she is a minor.
  • If her marital status has changed during the ongoing pregnancy (widowhood or divorce).
  • If she has major physical disabilities or is mentally ill.
  • If foetal malformation was incompatible with life or after birth, it would be seriously handicapped.
• If the pregnancy has to be terminated beyond the 24-week gestational age, it can only be done on the grounds of foetal abnormalities and only after clearance from a four-member Medical Board.
• In the K.S. Puttaswamy v. Union of India and other cases, the Supreme Court had held that the decision taken by a pregnant person related to pregnancy is part of her right to privacy under article 21.

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Concern

• According to the Lancet study, 6 million abortions were conducted every year in India.
• As the law does not permit abortion at will, it pushes women to adopt unsafe, illegal and dangerous ways of abortion.
• According to a study, every year more than 8, 00,000 unsafe and illegal abortions are performed in India and many of them result in maternal mortality.

Way forward

• The need of the hour is to amend the rules to promote safe abortion facilities for all women irrespective of the fact that she is married or not.
• Steps need to be taken to create awareness about women’s right to abortion.
• Society needs to accept, respect and recognize the body’s autonomy of women and Steps must be taken to normalize abortion on the ground of the health of women and the choice of women.

https://www.thehindu.com/news/national/despite-supreme-court-judgment-abortion-for-unmarried-women-after-20-weeks-a-catch-22/article66354052.ece