India's stand on abortion
India's stand on abortion
An Ethical dilemma: Abortion remains a moral and ethical dilemma even today. The debate between ‘Pro- Life and Pro-Choice’ seems equally balanced, making it difficult for a clear laws and proper decision making on the issue. While Pro-Life supporters condemn abortion as they believe in rights of the unborn child ; in other words that human life begins at conception; Pro-Choice supporters, believe that women should have bodily integrity i.e. the woman should be in total control of her reproductive life and nobody, not even the state, should dictate her actions. But the issue of abortion in a country like India cannot simply be neatly compartmentalized into Pro Choice and Pro Life options. There are far many related issues that complicate inextricably the matter—viz female foeticide, foetal abnormalities, birth control, rape, access to health care, male attitude, poverty, jurisprudence, etc.
The present law MTP 1971: In India the law governing abortions is the Medical Termination of Pregnancy Act (MTP Act) of 1971. Under the MTP Act, Abortion is a ‘qualified’ right ie an abortion cannot be performed solely on a woman’s request, but on underlying conditions that the pregnancy poses a ‘substantial risk’ to the woman’s life or to her ‘physical or mental health’ or if the unborn child faces abnormalities or similar ‘substantial health risks’ . Also in case of pregnancies caused by rape, the risk to the woman’s mental health is admissible grounds for abortion. The same Act however also provides leeway, a dilution, for married woman only and a married woman can cite contraceptive failure to abort an unwanted pregnancy, promoting a certain amount of irresponsibility in couples regarding the issue. The MTP Act also requires that abortions can only be performed by a registered medical practitioner before 12 weeks of pregnancy and requires the sanction of two medical practitioners between 12 and 20 weeks of pregnancy.
The 20 week stipulation: But the main bone of contention in the MTP Act 1971 is section 3(2)(b) which strictly provides a ceiling of upto 20 weeks of pregnancy for carrying out an abortion going by the reason that most foetal abnormalities can be detected by that time. The ongoing debate for this 20 week stipulation is that it is outdated and has ceased to be reasonable today as technology has advanced and it is perfectly safe for a woman to abort even up to the 26th week. Also some rare congenital diseases can be detected only after 20 weeks; and if not aborted can put both the lives of the mother and the child at risk. Due to complication of this 20 week stipulation abortions after this period are often conducted illegally in shady, unhygienic conditions by quacks.
The Haresh and Niketa Mehta case : The ‘star’ case governing the 20 week pregnancy stipulation clause for abortion was that of the couple Haresh and Niketa Mehta in 2008. The Mehtas’ plea for abortiondue to foetal abnormality was turned down by the Court on medical advice and also on the grounds that only the legislature could address the demand for change in the legal limit of 20 weeks and re-evaluate provisions of the Medical Termination of Pregnancy Act, 1971. Niketa had a miscarriage soon after the verdict…..At least she had God on her side says her husband Haresh.
Conflicting legal decisions: The hardship endured by Haresh and Niketa Mehta while seeking justice, gave the Pro-choice stand on abortion, a much needed shot in the arm. However Court decisions are still not unanimous in their views and have given conflicting verdicts in a span of a few months, proceeding on a case to case basis on the issue.
In January 2017The apex court on Monday allowed abortion beyond 20 weeks as the baby suffered from anencephaly, a life threatening condition.
On February 28, 2017, the Supreme Court refused to allow a woman to abort her 26-week-old foetus that would be born with Down syndrome
In May 2017, the apex court denied a plea to abort another 26-week-old foetus, made by a 35-year-old HIV-positive woman who had been sexually assaulted.
Recently in June 2017, however the Supreme Court allowed a woman from Kolkata to abort her 26-weeks pregnancy on the grounds of foetus abnormality.
Proposed amendments- Draft MTP Bill 2014: Statistics show that unsafe abortions are the third largest cause of maternal deaths in India. The Ministry of Health and Family Welfare in has proposed amendments in the MTP Act:
-- Increasing the gestation limit from 20 to 24 weeks for special categories of women (rape victims, women with disabilities.
--Making the first trimester abortion available on request by removing the requirement of a doctor’s approval up to 12 weeks of gestation.
--Allowing mid-level providers include nurses, AYUSH doctors ie ‘ Registered Health Care providers’ to carry out abortions in case of non-availability of doctors.
--Allowing single women to seek an abortion if the pregnancy was unplanned and a result of contraceptive failure which as per the current law was allowed to married women.
Society and the attitude of men: The attitude of men needs to be changed to tackle the problem of abortion. Male sterilization is taboo in a patriarchal society. According to the latest figures produced by Family Planning 2020 (FP2020) reveal that female sterilization comprises 74.4% of the modern contraceptive methods used in India, while male sterilization is pegged at a mere 2.3%. Which means its once again the women taking on the onus of birth control The universal pet hate that males hold towards condoms is lack of pleasure and sensitivity during sex. The callous and dismissive attitude of ‘she can always abort’ in case of an unwanted pregnancy caused by failure to use a condom needs therefore to be tackled at the root.
Conclusion: Unsafe abortions remain one of the prime causes of maternal death and disability. When a pregnancy is unwanted, a safe abortion is vital in ensuring a woman’s health and well-being. Considering the lack of government support for children with disabilities, the argument for the foetus’ right to life needs to be re-thought. The state’s control should be minimal, as it is the woman and her family who will be responsible for taking care of the child. It is only fair that women have a right to make their own choices about their bodies, their fertility, their families and their future.
Sources:
https://thewire.in/134182/abortion-pregnancy-law-india/
http://www.jmedsoc.org/article...
http://www.insightsonindia.com...
https://www.opendemocracy.net/5050/nicola-desouza/abortion-in-india-what-men-say
