Vanicademy
Published in

Vanicademy

Abortions

In January 2020, the Union Cabinet has approved amendments to the Medical Termination of Pregnancy (MTP) Act, 1971 allowing women to hunt abortions as a part of the reproductive right and gender justice. The amendment has raised the upper limit of MTP from 20 weeks to 24 weeks for ladies including rape survivors, victims of incest, differently-abled women and minors. Abortion is defined because the termination of pregnancy by various methods, including medical surgery before the fetus can sustain independent life.

Medical Termination of Pregnancy (Amendment) Bill, 2020

  • The Bill proposes the need of the opinion of 1 registered medical man (instead of two or more) for termination of pregnancy up to twenty weeks of gestation (foetal development period from the time of conception until birth).
  • It introduces the need for the opinion of two registered medical practitioners for termination of pregnancy of 20–24 weeks of gestation.
  • It has also enhanced the gestation limit for ‘special categories’ of girls which incorporates survivors of rape, victims of incest and other vulnerable women like differently-abled women and minors.

It also states that the “name and other particulars of a lady whose pregnancy has been terminated shall not be revealed”, except to an individual authorised in any law that’s currently effective.

Benefits:

  • It expands the access of girls to safe and legal abortion services on therapeutic, eugenic, humanitarian or social grounds.
  • It is a step towards the security and well-being of the ladies and lots of women are going to be benefited from this.

MTP Act, 1971

The idea of terminating a pregnancy cannot originate by choice and is only circumstantial. Under the law (section 3 of the MTP Act 1971), the doctor can perform an abortion within the following situations:

  • If the pregnancy would be harmful to the lifetime of the patient or affects her physical or psychological state. The doctor will be got to consider the circumstances of the patient to work out if the pregnancy will harm her psychological state, on a case to case basis.
  • If there’s an honest chance that the kid would suffer from physical or mental abnormalities which might leave him or her seriously handicapped.
  • If pregnancy occurred as a result of a failure of contraception (but this is often only applicable to married women).
  • If pregnancy may be a result of sexual abuse or rape.
  • If the pregnancy has not exceeded 12 weeks, just one doctor must be satisfied that the conditions are fulfilled.
  • If the pregnancy has exceeded 12 weeks and is below 20 weeks (now amended to 24 weeks), two doctors got to be satisfied that the conditions are fulfilled.
  • The gestation doesn’t matter if a doctor feels that an instantaneous abortion must be conducted to save lots of the lifetime of the patient.
  • The doctor who determines if it’s necessary to perform an abortion and performs it must be a ‘registered medical practitioner’ under the law.

Conditions for Termination of Pregnancy

  • Abortion of under 4 to five months pregnancy- The punishment for getting an illegal abortion is jail time of up to three years and/or fine.
  • Both patients and doctors are considered to possess committed a criminal offence unless it fulfils the above condition.
  • Abortion of over 5-month pregnancy- If abortion takes place when movements of the foetus are often sensed, the punishment is jail time of up to 7 years and fine unless it had been wiped out straightness to save lots of the lifetime of the patient.
  • Abortion without consent — If anyone else forces the pregnant woman to possess an abortion or performs one without her agreeing thereto, the punishment is jail time of up to 10 years and fine.
  • If the abortion was conducted without the patient’s permission, the punishment may be jail for all times.
  • Intentionally causing the death of a foetus also can be prosecuted under other provisions of the Indian legal code, 1860 under which the punishment can extend up to 10 years.

Illegal Abortions

  • Abortion of under 4 to five months pregnancy- The punishment for getting an illegal abortion is jail time of up to three years and/or fine.
  • Both patients and doctors are considered to possess committed a criminal offence unless it fulfils the above condition.
  • Abortion of over 5-month pregnancy- If abortion takes place when movements of the foetus are often sensed, the punishment is jail time of up to 7 years and fine unless it had been wiped out straightness to save lots of the lifetime of the patient.
  • Abortion without consent — If anyone else forces the pregnant woman to possess an abortion or performs one without her agreeing thereto, the punishment is jail time of up to 10 years and fine.
  • If the abortion was conducted without the patient’s permission, the punishment may be jail for all times.
  • Intentionally causing the death of a foetus also can be prosecuted under other provisions of the Indian legal code, 1860 under which the punishment can extend up to 10 years.

Consent of an individual

The doctors must get the consent of a pregnant woman to perform the abortion. If a lady is below 18 (a minor) or affected by a mental disease, the doctors need to get the guardian’s permission also. If a doctor performs an abortion without consent, he or she will be punished with a jail term extending up to 10 years and fine.

  • The Government provides safe and comprehensive abortion care (CAC) services to women in health facilities under RMNCH+A (Reproductive, Maternal, Newborn, Child and Adolescent Health) program of National Health Mission.
  • Guidelines on Comprehensive Abortion care services and Medical Methods of Abortions (MMA) are provided to all or any the States.

Steps Taken by the govt for Safe Abortions

  • The Government provides safe and comprehensive abortion care (CAC) services to women in health facilities under RMNCH+A (Reproductive, Maternal, Newborn, Child and Adolescent Health) program of National Health Mission.
  • Guidelines on Comprehensive Abortion care services and Medical Methods of Abortions (MMA) are provided to all or any the States.

Originally published at https://www.vanicademy.com on September 6, 2020.

--

--

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store