Abortion and its overview?

• Terminating a pregnancy before the fetus is viable is referred to as an abortion. This has been set at 28 weeks or about 1000 g for the fetus.

• On average, around 73 million induced abortions (safe and unsafe) take place globally each year.

• Each year, unsafe abortions result in the hospitalization of about 7 million women in developing countries.

Why was it legalized?

• Until 1971, Abortions were considered a crime in India except when necessary to protect the life of a pregnant woman. The Medical Termination of Pregnancy (MTP) Act was passed by the Indian Parliament in 1971 and went into effect on April 1 of the following year.

• Legalizing abortion also allows for safe and regulated procedures, which significantly reduces the risks and complications associated with unsafe abortions. Additionally, legalizing abortion can also help reduce maternal mortality rates and improve access to reproductive healthcare for women.

Salient features of the MTP Amendment Act, 2021

Salient features of the MTP Amendment Act, 2021

Does the law allay privacy concerns?

• The MTP law includes provisions that protect the right to privacy of an abortion-seeking woman.

• Section 5A of the MTP act states that registered medical professionals may only "disclose the identity and other specific details of a woman whose pregnancy has been terminated" to a person who has been legally authorized.

• These medical personnel risk up to a year in jail, a fine, or even both if they infringe upon the woman's privacy in any way.

What purpose will this change serve?

• The reforms would broaden the range and accessibility of safe abortion services in India, particularly for women and girls who face various barriers to accessing these services.

• The amendments will uphold confidentiality, dignity, justice, and autonomy to all women who seek to terminate their pregnancy.

• The new legislation will help to achieve the Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6 by reducing preventable maternal mortality and morbidity.

• SDG 3.1 pertains to reducing the maternal mortality ratio whereas SDGs 3.7 and 5.6 pertaining to universal access to sexual and reproductive health and rights.

What are the Indian Criminal Code sections that address abortion?

Section 312 of the IPC

This clause effectively forbids all forms of abortion in India. According to this provision, someone who "voluntarily causes a woman with child to miscarry" is punishable. They could receive a fine, a three-year jail sentence, or both unless it was done in good faith with the goal to preserve the life of the pregnant woman.

Section 313 of the IPC

This section makes it a criminal offense to intentionally cause a miscarriage without the woman's consent, except in cases where the procedure is done in good faith to save the woman's life. The offense is punishable by imprisonment of up to 10 years and a fine. It is a non-bailable offense, meaning the accused cannot be released on bail as a matter of right.

Conclusion:-

In overall, India's Medical Termination of Pregnancy (Amendment) Act 2021 is a great step in improving women's health and reproductive rights. It is a step in the direction of lessening the stigma and discrimination experienced by women who seek abortions and towards building a more just and equitable society.

References:-

1. The Medical Termination of Pregnancy (Amendment) Bill, 2021. Ministry of Health and Family Welfare, 17th March 2021. Available from   https://pib.gov.in/PressReleasePage.aspx?PRID=1705381

2. WHO (2021). Fact sheet on Abortion, 25th Nov.2021. Available from https://www.who.int/news-room/fact-sheets/detail/abortion