What is India’s law on abortion?

Source: This post is created based on the article “What is India’s law on abortion” published in Indian Express on 21^st July 2022.

Syllabus: GS Paper 2 – Women and related issues

News: A woman has moved to the Supreme Court after her plea was declined in the High Court. The plea has challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003.

The woman is seeking permission for termination of a pregnancy of 23 weeks and 5 days.

Delhi High Court’s Decision

Delhi HC denied permission to terminate the pregnancy. In oral observations, HC asked the woman to carry her pregnancy to term and to give up the newborn for adoption.

What is India’s law on abortion?

Section 312 of the Indian Penal Code, 1860, criminalizes voluntarily “causing miscarriage”. It is an offense, even with the pregnant woman’s consent. However, it is allowed when the miscarriage is caused to save the woman’s life.

Medical Termination of Pregnancy Act (MTP Act) was introduced in 1971 and amended in 2021. After 2021 amendment, few changes were made. 1) For terminating pregnancy up to 20 weeks, the opinion of one doctor was required. 2) For terminating pregnancies between 20 and 24 weeks, the opinion of two doctors was required.

However, under the 2^nd category, certain categories of women could seek termination of pregnancy, such as survivors of sexual assault or rape or incest, minor, widowhood, and divorce during pregnancy, mentally ill women, foetal malformation, etc.

What is the intent behind MTP act?

MTP is not a legislation, focused on women and their reproductive rights. Instead, it is a law that sets limits for medical practitioners that cannot be breached while performing abortions.

The law transfers the decision-making power from the pregnant woman to the RMP. Thus, it seeks to shield medical practitioners from criminal liability.