Abortion is defined as the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy in the English dictionary. India has gone on a long journey to stay true to this definition. India on its policy and laws on abortion have always been towards to shield and preserve women’s rights. Its laws have reflected the international principles of the women committees that the country is a part of. The abortion laws have invariably been revised now and again understanding the transitional and fluid ways of the changing times. The MTP Act has been in place in India for almost four decades. From the MTP Act of 1971, MTP Amendments of 2002, MTP Rules 2003, MTP Amendments of 2014, and MTP Amendments of 2020 show a clear step towards making women’s rights to safe abortion care and services. In the recent amendment of the Medical Termination of Pregnancy Act, the cabinet ministers of the union government have decided to amend the abortion laws to suit the changing times and have modified the 1971 Medical Termination of Pregnancy Act to increase the time for the termination of pregnancy from 12 to 24 weeks. This amendment also has altered the usage of the term “only married women and her husband “to “any women and their partners“.
MTP Act in India was passed in 1971 that was amended in 2020 allows women to seek an abortion under certain conditions. The conditions being (a) if there is an injury to the mother’s physical health or mental health should she continuing the pregnancy, (b) or if there is a risk of mental or physical abnormalities to the fetus which would leave the fetus with abnormalities (c) if the pregnancy is the result of rape in which termination of pregnancy is allowed as the mental trauma to the women is considered as a grave injury to her mental health(d) if the resultant pregnancy is due to the failure of a contraceptive used by the couple to limit the number of children they have. The MTP Act also mentions the place where an abortion should be done. Abortion must be done in a hospital sanctioned by the government or a place, for the time being, is approved by the government to do the act. The MTP must also be done by a registered medical professional. When the length of pregnancy exceeds more than 12 weeks, the abortion must be done with the consultation and approval of two registered medical professionals. The act also provides legal security to the medical professional performing the procedure. Anyone who violates the of the article is punishable by law. A person who is not a medical professional is found to be performing or has performed termination of pregnancy is punishable with rigorous imprisonment of a term of 2 years which may be extended to 7 years as it violates Act 19 of the Pre- Conception, and Pre – Diagnostic Techniques Act,1994. If the procedure of termination of pregnancy is done at a place that is not legally approved by the government then the person owing the place is punishable by rigorous imprisonment for 2 years as it is a clear infringement of the provisions of act 19 of the Pre- Conception, and Pre – Diagnostic Techniques Act,1994. The place which is legally sanctioned should display its certificate in a manner that is easily seen by the persons visiting the place. If the place has failed to do this action, It is fined with an amount of one thousand rupees as it is in breach of rule 5(7) of the Pre- Conception, and Pre – Diagnostic Techniques Act,1994.
The women undergoing an abortion should fill a Consent form. The Consent form is a requirement to show that abortion was voluntary and informed abortion 18 hours before the process of abortion to the patient. The place where the procedure is done has to fill out the RMP Opinion form, Monthly Reporting Form, and the Admission Register of case records. The RMP Opinion Form is for the registered medical practitioner to state their credentials, certification, and their good faith towards the procedure done to the patient. The Monthly Reporting Form and the Admission Register of case records are for the hospital/place to track the number of abortion cases in the hospital/place over a month. Thus it is seen that there are many rules and regulations to follow when a woman wants to undergo an abortion. The new abortion laws in India are more progressive and pioneering a new path for the public healthcare system in India. All these laws regarding abortion in India are based to protect women who have been raped or sexually violated and as a measure of population control.
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