Legal Status of Abortion
Context:
A bill intended to codify abortion rights in the United States failed to advance in the Senate.
- The Women’s Health Protection Act, which had passed the House of Representatives, was voted down 49-51 in the upper chamber.
What’s the issue?
The bill would codify the right to an abortion into federal law.
- Republicans have criticised the bill, saying that it went further than most Americans would want to go on abortion rights.
Legal status of abortion in India:
Indian Penal Code:
- It says, voluntarily causing a woman with child to miscarry is an offence attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
- A pregnant woman causing herself to miscarry is also an offender under this provision apart from the person causing the miscarriage, which in most cases would be a medical practitioner.
Medical Termination of Pregnancy (MTP) Act, 1971:
This law is an exception to the IPC provisions above and sets out the rules for accessing an MTP.
- This law has been amended twice since, the most recent set of amendments being in the year 2021.
- However, the law does not recognise and/or acknowledge the right of a pregnant person to decide on the discontinuation of a pregnancy.
According to MTP Act 1971, when can MTP be accessed?
- The continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health.
- If the pregnancy is as a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent a pregnancy.
- The anguish caused by the continuation of such a pregnancy would be considered to be a grave injury to the mental health of the pregnant woman.
- The other reason for seeking an MTP is the substantial risk that if the child was born, it would suffer from any serious physical or mental abnormality.
Procedure:
- The pregnancy can be terminated for any of the above reasons, on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age.
- From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
- Any decision for termination of pregnancy beyond 24 weeks gestational age, only on the ground of foetal abnormalities can be taken by a Medical Board as set up in each State, as per the law.
- No termination of pregnancy can be done in the absence of the consent of the pregnant person, irrespective of age and/or mental health.
Right to Health:
In various cases, the courts have ruled that the right of a pregnant woman to decide on the continuation of her pregnancy is a part of her right to health and right to life. Therefore, right is non-negotiable.
SUCCESS MANTRA DIGITAL INSTAGRAM PAGE
