Abortion as we all know is the women’s right over her own body. The US Supreme Court has overturned Roe vs Wade, a decision which was taken around 50 years ago. The verdict will lead to the immediate ban on Constitutional abortion rights and thus take away the women’s right over their bodies.
Let’s see what our Indian laws have to say about abortion:
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India introduced the Medical Termination of Pregnancy Act in 1971 which states the different laws and legislation for abortion. India has legalized abortion under various situations and circumstances. Before 1971, terminating pregnancy through abortion was a criminal offense under Section 312 of the Indian Penal Act. The Indian Penal Act had laws that did not provide provisions related to abortion but had laws that dealt with the case of miscarriage.
Abortion in India is time-bound. Abortion can be practiced for up to 24 weeks as stated under the MTP Act. Ending the pregnancy before the stipulated period is abortion and after that is foeticide. Also known as the abortion act, the law makes it necessary to consider abortion in accordance with Indian Laws and with the consent of a medical doctor. Thus it declares, that a woman can terminate the pregnancy till 12 weeks of it with the consultant of a medical doctor and beyond it that is 12 to 20 weeks by consulting two medical doctors.
So, abortion is definitely legalized in India but it has its own requirements. However, you already know the time by which a woman can get the pregnancy terminated. Now let us see the conditions that are required:
Only if enduring the pregnancy can risk the life of the woman or cause an injury (both mentally and physically) that imposes danger to her life.
Also if the child turns out to be handicapped or poses any physical disabilities.
If the woman’s previous child had any disabilities.
A case where pregnancy is caused by rape or by the failure of contraceptive methods or birth control can also lead to abortion as it may cause injury to women’s mental health
When the family is financially poor and also bears 2-3 children.
For unmarried women, the legal age for abortion is 18 years with the consent of any guardian. However, women with ages more than 18 can provide their own medical consent for abortion up to 12 weeks. Mentally stable women require the consent of their guardians. Therefore, a doctor needs consent before terminating any pregnancy which can either be of the woman or her guardian.
It is illegal if any woman is willing to get an abortion done only because the sex of the foetus is female and can not undergo it. If you get an abortion because of the sex of the child then you may be posed to 3-7 years of jail during the period of gestation itself. Visit Hare
Not just this, the law also, the law states that willingly causing a miscarriage may lead to imprisonment for a period of up to 3 years along with a fine.
Who is responsible to perform abortion:
A doctor with a medical qualification under the Indian Medical Council Act.
A doctor registered under State Medical Register.
Experienced obstetrics and gynaecology qualified doctor as per the MTP laws.
Abortion in India has no doubt several laws that are to be followed under MTP Act when it comes to its legalization but when it comes to the protection of privacy of women, the law also states that no person can disclose the name of a woman undergoing the abortion. Not just this, it also says that whoever discloses the name will face imprisonment up to 1 year, or a fine, or both, according to the rules.