Abortion Laws in India

Abortion in India:

• Until the 1960s, abortion was illegal in India, punishable by imprisonment or fines under Section 312 of the Indian Penal Code. The Shantilal Shah Committee was formed in the mid-1960s to assess the need for abortion laws.
• The Medical Termination of Pregnancy (MTP) Act was passed in 1971 for comprehensive law on termination of pregnancy.
•  Section 312 of the Indian Penal Code still criminalizes causing miscarriage unless it’s to save the woman’s life, making abortion a prosecutable offense.

About the MTP Act:

• The MTP Act, 1971, allows abortion by a medical practitioner in two stages:
  • Up to 12 weeks, one doctor’s opinion is required.
  • Between 12 to 20 weeks, two doctors must determine if the pregnancy poses a risk to the woman’s life or physical/mental health or if the child would have severe abnormalities.

• In 2021, amendments were made to allow abortions up to 20 weeks with one doctor’s opinion, while pregnancies between 20 and 24 weeks require the opinion of two doctors.

Issues with the MTP Act:

• The law addresses changes in marital status but not for unmarried women.
• The law gives significant discretion to Recognized Medical Practitioners (RMPs) in decision-making, potentially limiting women’s agency.

Conclusion:

• Public policy should focus on women’s rights and engage all stakeholders to ensure better access to abortion services and a more patient-centric approach.

Why in News:

• Recently the Supreme Court said there is need to balance reproductive rights with the rights of the unborn child.