India’s abortion limit puts women at risk.

TOPIC: GS PAPER II POLITY AND GOVERNANCE

Welfare schemes for vulnerable sections of the population by the Centre and States

When India introduced the Medical Termination of Pregnancy Act in 1971, it set a 20-week deadline for abortions, which was an arbitrary decision then, and now ignores the medical advances India has made. The Indian government remains reluctant to change the law fearing its misuse for sex-selective abortions. But the 20-week deadline has hit victims of sexual assault, especially the very young whose pregnancies are detected late.

What is Medical Termination of Pregnancy (Amendment) Bill?

The draft Medical Termination of Pregnancy (Amendment) Bill of 2014 seeks to amend Section 3 of the principle The Medical Termination of Pregnancy Act of 1971 to provide that “the length of pregnancy shall not apply” in a decision to abort a fetus diagnosed with “substantial foetal abnormalities as may be prescribed”.

Why should the MTP Act be amended?

The Medical Termination of Pregnancy (MTP) Act in India was amended in 2003 to facilitate better implementation and increase access for women especially in the private health sector. However, unsafe abortions are widely prevalent even 40 years after the Act came into force.

The current Act does not allow abortions above the gestational age of 20 weeks. However, legal experts have argued that medical science and technology have made the 20-week ceiling redundant and that conclusive determination of foetal abnormality is possible in most cases after the 20th week of gestational age.

What are the main features of the 2014 draft Amendment bill?

Besides increasing the legal limit for abortion from 20 weeks to 24 weeks, the draft Bill allows a woman to take an independent decision in consultation with a registered health-care provider. Under the 1971 Act, even pregnant rape victims cannot abort after 20 weeks, compelling them to move court.

What is the current status of Medical Termination of Pregnancy?

The 2014 draft is yet to see light. With the 2014 Bill in limbo, the Supreme Court is the last resort of the affected people. The Court has agreed to look into whether a wider interpretation ought to be given to phrases like “risk to the life of the pregnant woman” and “grave injury to her physical and mental health”.

CURRENT SENERIO:

• In July, the Supreme Court rejected an abortion plea made by the parent of a 10-year-old rape victim who delivered a child in August.
• However, the court gave permission on Wednesday for a 13-year-old girl who was raped to terminate her 31-week pregnancy, in a move praised by campaigners.
• “It is unethical to put a victim of rape through the trauma of a full term pregnancy and then abandon the child,” the Centre for Enquiry into Health and Allied Themes (CEHAT), a health charity supporting the 13-year-old.
• These cases were among a string of petitions, backed by the some of the country’s best known doctors, health charities and lawyers, seeking abortions at India’s top court.
• The court has approved more pleas than it has declined, but activists say suggested amendments to the 1971 act to extend the abortion deadline to 24 weeks and to train more doctors to carry out abortions should be passed in parliament to unburden the court and save women from unnecessary stress.
• “In 45 years, technological interventions have improved. Terminations are becoming safer and safer,” who is guiding at least six patients currently on their abortion pleas.

“NOT A WOMAN‘S CHOICE”

• Abortions in India are a “conditional right”, offered only if there is a substantial risk of the child being born with a physical or mental handicap or in the case of contraceptive failure.
• But the termination must be carried out within 20 weeks – unless the mother’s life is in danger – and the final decision rests with the doctor, who will often consult the woman’s wider family.
• “Abortion is not being understood as a woman’s right. Women are asked to bring their spouse or in-laws if they are seeking an abortion particularly in the second trimester. So abortion is not a woman’s choice, but that of the family.”

CONCLUSION:

The benefits of MTP Act to women are very precious but they should be backed by the proper implementation. In order to stop misuse of the Act, the aggressive education and awareness programme on family planning is needed along with penetration of contraceptives to remote areas and their availability. The risks of abortion that a woman has to take while undergoing it has to be popularized. The responsibility and the respect of the unborn child have to be understood by the people.

QUESTION ARISING FROM THIS TOPIC:

Q1) What is Medical Termination of Pregnancy Act? What are the important provisions of the Medical Termination of Pregnancy Act? Why is there a demand for its amendment? Explain.