Abortion laws in India
Law
Unsafe abortions is among the most common causes of maternal deaths in India.
According to a study by The Lancet, out of the 1.56 crore abortions conducted in 2015, 1.23 crore (a whopping 78%) were conducted outside health facilities.
More than half or 56% of abortions in India are unsafe and 10 Indian women die daily due to unsafe abortions, as per a 2015 report by the ministry of health and family welfare, that cites data from research done between 2001 and 2004.
Only 53% of abortions were performed by registered medical doctors in 2015-16.
Just 20% of abortions take place in public sector facilities and 52% in private, as per the National Family Health Survey (NFHS), 2015-16.
Rural India, with 66% of the country’s population, reports a 70% shortfall in the number of obstetrician-gynecologists, according to the 2019-20 Rural Health Statistics Report of the ministry of health and family welfare.
When is abortion legal
Abortion is legal in India, under some circumstances and illegal in others. If the person getting an abortion is an adult, then they do not need parental or spousal approval.
The law is different for unmarried girls, rape survivors and married women, but with rising foeticides and infanticides, it was deemed illegal to detect the sex of the foetus, thereby decreasing the rate of abortion.
The Medical Termination of Pregnancy (MTP) Act
India’s Medical Termination of Pregnancy (MTP) Act has been amended only twice; once in 2002 and now recently in 2021.
The new Medical Termination of Pregnancy (Amendment) Act 2021 expands the access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds, to ensure universal access to comprehensive care. The new law, which came into force on March 25, 2021, will contribute towards ending preventable maternal mortality to help meet the sustainable development goals.
Summary of key amendments
The upper gestation limit has been increased from 20 to 24 weeks for special categories of women, including:
Survivors of sexual assault or rape or incest
Minors
Change of marital status during the ongoing pregnancy (widowhood and divorce)
Women with physical disabilities
Mentally ill women
Foetal malformation that has a substantial risk of being incompatible with life or
If the child is born, he/ she may suffer from serious physical or mental abnormalities
Women with pregnancy in humanitarian settings or disaster or emergency situations
The opinion of one healthcare provider is needed for the termination of pregnancy up to 20 weeks of gestation Whereas, opinion of two providers is required for the termination of pregnancy from 20-24 weeks of gestation
Upper gestation limit will not apply in cases of substantial foetal abnormalities diagnosed by a medical board
The name and other particulars of a woman whose pregnancy has been terminated cannot be revealed except to a person authorised by law (confidentiality clause)
Extended MTP services, under the failure of contraceptive clause, will be provided to unmarried women to ensure access to safe abortion based on a woman’s choice, irrespective of marital status
Abortion laws around the world
73 countries make abortion available at the pregnant person’s request, including India’s neighbour Nepal, and other Asian countries such as Uzbekistan, Tajikistan, China, Vietnam, Thailand and Cambodia. Of these, 25 countries also require parental or spousal authorization or notification.
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