In India it is legal to abort a pregnancy in some specific situations but there are some rules and regulations that must be followed. Today we are going to discuss about how abortion is legal in India, what our Indian law says about it and what types of problems women encounter?
Legal Basis and Crucial Parts:
In India The Medical Termination of Pregnancy Act, 1971 (MTP Act) is the main law which controls the abortion. As per this law only a certified medical professional can do an abortion if certain requirements are met.
One of the following factors is that if continuing the pregnancy will put the woman’s life or mental or physical health at risk or if the fetus has any problems.
The MTP Act, made a big changes in 2021.
- For specific categories of women like youngsters, those who are victims of sexual assault and others. The pregnancy limit for abortion can be extended from 20 weeks to up to 24 weeks in certain cases.
- Allowing single women get an abortion permisison if their birth control is unsuccessful (this law exclusively addressed about married women).
- Stressing the woman’s privacy during the procedure: the medical professional or the authorized Doctor must not give out her name or other personal information unless the law permits it.
In India abortion is allowed but there are some rules about the amount of time a woman can be pregnant, who can do it and in which location it can be done.
How the Law Works:
The MTP Act and its rules say that:
- An authorized medical professional or a Certified Doctor must carry out the abortion.
- The Clinic must be approved to do abortion especially for private providers.
- Only adult women (18+ yrs or older and mentally well) can provide their approval for minors or mentally sick women, their guardian must give their consent.
- For any abortion up to 20 weeks the procedure may depend on the opinions of one or two doctors.
If there are any significant health issues with the fetus after 24 weeks of time in the specific classes a state-level medical board might approve the treatment.
Even though the Indian law allows abortion the process puts up barriers and limitations that may makes it harder for some people to get to it.
Problems and Limitations:
The legislative system is progressive in many ways, yet there are still some problems that need to be fixed:
- Availability: The Act makes the abortions legal in India but many women still have trouble in getting them because there aren’t enough govt. certified facilities or skilled doctors. Specially in remote or rural areas.
- Problems with the gestational limit: For most women, the conventional maximum limit is still 20 weeks; the 24-week limit is only available in select groups. For those pregnancies which go longer than that, our law requires the courts to get involved.
- Discrimination & Misunderstanding: Even though the abortion is legal in India but women might continue to be judged by society or Doctors may be afraid to perform the procedure.
- Health & Safety Concerns: A lot of abortions may still happen privately or safe environment because of delays, expenses or providers who aren’t approved.
Even though abortion is legal in India, it is not always simple to get safe and timely surgeries..
Conclusion:
In simple terms the MTP Act and its alterations make abortion legal in India and our law secures women’s reproductive rights in many ways, such as allowing unmarried women get an abortion when necessary and extending the time limits for some cases.
Just because of something is legal that doesn’t mean it’s easy to get it. Still there are some structural and logistical issues that make it difficult for many places to provide a safe abortion care.
For real reproductive freedom, additional work needs to be done to upgrade facilities, train doctors and make sure that everybody in India can get complete care & medical attention when they need it.