In this article we will be discussing the Medical Termination of Pregnancy right of women in detail in short A WOMAN’S RIGHT TO SEEK ABORTION IN REFERENCE TO THE LATEST AMENDMENT.
. “Abortion is part of being a mother and of caring for children because part of caring for children is knowing when it’s not a good idea to bring them into the world.” – Katha Pollitt. [1]
India, a country of spiritualism, they don’t believe in abortion, for them, a child is a gift of God so abortion is a heinous crime for them or rather a taboo, but paved the way for modernization and post-colonial ideological conflict where people tried to adapt to culture and current needs. So it provided signs of relief for all those women who died across the country in the absence of safe and emergency abortions.
There are two types of abortion.
Medical abortion: A woman less than seven weeks pregnant can eligible for a medical abortion. This process involves stopping the pregnancy with the help of pills and medicines. This is a surgical procedure that should be done in a course of untreated supervision.
Surgical abortion: If a woman wants to have an abortion beyond seven weeks of pregnancy, she can have a surgical abortion. These are far more effective than treatment abortions with a lower risk of incomplete procedures.
Indian Penal Code – Until 1971, the Indian Penal Code (IPC) provided for the provision of abortion in India. Legally, however, the IPC does not provide direct provisions regarding abortion. However, sections 312 to 316 of the code, deals with abortion.
Pregnancy Act Medical Termination – Also known as abortion law in India it deals with the provisions related to abortion law in India. This law provides that you can terminate a pregnancy up to the first 12 weeks with the approval of a physician. For an abortion between 12-20 weeks of gestation, you need the approval of two physicians. It is mandatory to make sure that abortion is following the law of India. This law does not provide for sex-selective abortion
Medical Termination of Pregnancy Amendment Bill, 2020– [2]
Some of the above lawsuits and conflicts of interest and conflict of interest and co-operation of laws and forced the government to bring the recently approved Medical Termination of Pregnancy Amendment Bill 2020 This bill was introduced by the Minister on March 2, 2020, Dr. Harsh Vardhan of the Department of Health and Family Welfare.
This is the second time in the last 49 years that our elected representatives have had the time to invest in something like abortion. The bill tends to amend old, weak, and underdeveloped laws where the bill amends several provisions stating that pregnancy can be terminated within 20 weeks with the opinion of any registered medical practice. And the approval of two registered medical practitioners is required only to terminate the pregnancy between 20 and 24 weeks. Termination of pregnancy up to 24 weeks as prescribed by the Central Government applies only to certain categories of women.
The basic law states that if an unintended pregnancy occurs as a result of a contraceptive failure that a married woman or her husband uses to limit the number of children, such an unwanted pregnancy can be a serious blow to the mental health of the pregnant woman.
This provision has been amended in the recent bill to replace ‘married woman or her husband’ with ‘woman or her partner’ which will Account for more generous measures. According to the bill a medical board consisting of a gynecologist, pediatrician, radiologist, or oncologist and several other members of the following members, who may be informed by the state government to critically recommend and approve abortions.
By Moumita Muhuri, 3rd year of Shyambazar Law College.
[1] AN OVERVIEW OF ABORTION LAWS IN INDIA- https://www.linkedin.com/pulse/overview-abortion-laws-india-yashasvita-apte?articleId=6696815750683918336#:~:text=%E2%80%9CAbortion%20is%20part%20of%20being,world.%E2%80%9D%20%2D%20Katha%20Pollitt.
[2].Abortion law in India- Right or restriction-https://blog.ipleaders.in/abortion-law-india-right-restriction/.
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Medical Termination of Pregnancy right of women
