Law of Abortion

Syllabus: General Studies Paper 2

• A 25-year-old pregnant woman moved the Supreme Court seeking an abortion after the Delhi High Court declined her plea.
• The woman has also challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks.
• The case has raised very important questions about the framework of reproductive rights, and recognising female autonomy and agency in India.

The Medical Termination of Pregnancy Act, 1971 

Abortion Law in India

• The MTP Act, more commonly known as the Medical Termination of Pregnancy act, was enacted in 1971, mainly as a means to control the population. 
• The MTP act said that abortion can be permitted up to 20 weeks of pregnancy. 
• It also stipulated that the procedure can be carried out only by a registered medical practitioner. 
• The abortion should take place at a hospital or at a clinic that is fully equipped to do so.
• As of 2017, the period for the abortion was extended to 24 weeks as detection of certain conditions like congenital heart defect and Down Syndrome.
• A woman can undergo an abortion if the pregnancy is the result of incest or rape. 
• Major deformations in the fetus can also be grounds to medically terminate a pregnancy. 
• Other reasons can be the abortion is a result of failed contraception.
• A woman can also avail of an abortion if the continuation of the pregnancy can cause grave injury to the physical or mental health of the mother. 
• An abortion can also be availed in case of a miscarriage i.e. if the baby is dead inside.
• An unmarried woman too can avail of abortion in India.  

It is time that the legislature identifies this loophole in the present law and take the appropriate steps to uphold the reproductive rights of the women.