In the context of India, the decision regarding abortion rarely remains solely in the hands of the woman involved. The existing regulations often prioritize factors that marginalize her voice, relegating her role to that of a mere carrier. Frankly, this reality is one that I find difficult to accept.
Unwanted pregnancies stand as a significant burden for women, prompting an urgent need to initiate discussions on the implications of the Medical Termination of Pregnancy Act (1971) of India, alongside its recent 2020 amendments. The gravity of this issue necessitates careful deliberation and scrutiny.
Have A Look
The provisions of the MTP Act 1971
The act legalizes the termination of pregnancies by registered medical practitioners in two cases:
(a) where the length of the pregnancy does not exceed twelve weeks if such a medical practitioner is,
or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to physical or mental health;
or
(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
Here the mental health-damaging cases are limited to either the woman is a rape victim (Rape as defined in the Indian Penal Code – IPC),
or
the failure of contraceptives — but this provision is exclusively for married women.
The Amendment changes the duration to which abortion is legally possible from 12 weeks and 12 to 24 weeks to 20 weeks and 20 to 24 weeks respectively and takes away the limits in case of substantial abnormalities to the fetus.
Drawbacks of the law:
- This law deliberately excludes many categories of women such as unmarried, widowed, and surrogate mothers and lets them succumb to the disasters of unwanted pregnancy.
- Also, the law states that a child can damage the mental stability of a woman only in 2 cases(clauses I, and II).
- The law neither defines the term ‘rape’ nor substantiates it with relevant references. This means abuses of any other type than ‘rape’ [ACL 37c IPC] (https://indiankanoon.org/doc/623254/) may not be considered as a cause of mental damage to the women concerned.
- This law criminalizes any other forms of abortion which are not decriminalized by the law and the medical practitioner involved will be punished for the same. Thus getting consent would be difficult.
- This being the law, the reality is far different. For someone to have an abortion done in India, it will take more time and effort than in many other countries. The physical and mental damages are freebies.
Despite abortion being legal, the high estimated prevalence of unsafe abortion demonstrates a major public health problem in India. Socioeconomic vulnerability and inadequate access to healthcare services combine to leave large numbers of women at risk of unsafe abortion and abortion-related death(https://gh.bmj.com/content/4/3/e001491)
Abortion-related privacy is the last thing to expect in most of the parts of India including the cities.
Social and economic barriers and patriarchal family constructs deny the accessibility of quality abortion services to women of all classes.
None of these legal provisions completely checks sex-selective abortion in India (if at all that is a reason for making such a statute).
Who should have the final say?
It should be the woman — the carrier of the fetus — who has the final say on her abortion whatever the reason. Because it’s she who is going to carry the fetus for the whole term of pregnancy and provide for the child after the labour period. (monetary provisions can’t be counted as it has nothing to do with the child directly.)
Moreover, the woman is putting a major part of her life into the process of child making, and caring; giving up a lot of her personal affairs. It’s better to speak about the rights of the human in concern than that of an unborn fetus. Because it’s the mother who will be responsible for the child until it reaches a stage of self-sufficiency. What if the mother doesn’t want to?
Unintended pregnancy
Whilst unintended pregnancies do not necessarily equate to unwanted pregnancies, they may lead to a wide range of health risks for the mother and child, such as malnutrition, illness, abuse and neglect, and even death. Unintended pregnancies can further lead to cycles of high fertility, as well as lower educational and employment potential and poverty — challenges that can span generations. (https://www.who.int/news/item/25-10-2019-high-rates-of-unintended-pregnancies-linked-to-gaps-in-family-planning-services-new-who-study)
Postpartum Depression
Postpartum Depression is not because of hormonal changes after childbirth. The circumstances and the mental condition of women can be a cause.
Unmarried Women
The act is made with an assumption in the bracket(as if it is a math problem) that unmarried women will not get pregnant. I wish that was the reality!!!
However, the reality is just the opposite. As the statutes in India are not in favour of unmarried women, they can’t access the formal system for unwanted pregnancy termination. This often results in such women approaching illegal centres leading to serious troubles. Such illegal systems are lethal and unprotected. Nonetheless, if an unmarried woman is caught pregnant in Indian society the rest of her life will not be easy, so there won’t be many options.
Couples in living relations or contractual stay together are out of the question. Indian lawmakers don’t even consider their existence as legal.
Special Case of Surrogate Mothers
Surrogate mothers should have the right to terminate their contractual pregnancy at any point in time if that can cause any sort of damage to their lives. The word the woman in concern should be final and beyond judicial review. However, there must be a legal framework in the case of financial contracts upon the same.
NB: I support the Kerala government for the wonderful decision – possibly the first of its kind – to recognize the right to abortion of women while the government of India is up with such ridiculous controversial shameful bills and acts.
Check This…
For the better development of a country, the women of that country should have a better life. Identifying their needs and accepting their rights is essential for that. The right to not have a child or have one when needed is vital and exclusive for women of all ages. If a woman is so required to terminate her pregnancy, it’s not doctors legislators, or executives who should decide, but the woman herself. Because none of them will take responsibility for her spoiled career the extra time she spent on the child or even the mental trauma and stress.
If there is consent of women to undergo abortion understanding all risks that follow up then she should get that done. Because contraceptive failure or whatever it is can happen anytime and a woman’s life is not merely for making children.
If the government wants to stop unprotected sex or female feticide then they should first change the society and then the rule so that forcing unprotected sex can be treated as rape.
In a nutshell, one can choose not to have a child and it is part of that person’s natural right to life.
Sometimes abortion is a market. People club it with emotion and make a fuss out of!! Well narrated article…
Good points