by Zabitah Resha
1960’s : The Union Government constituted S.Shah Committee to draft a legislation for Abortion in India. The Shah Committee, also known as the "Committee on the Working of the Abortion Law," was formed to study and make recommendations on the implementation and effectiveness of the Medical Termination of Pregnancy (MTP) Act, 1971.
1971 : The Medical Termination of Pregnancy was introduced. The MTP Act was enacted to provide a legal framework for safe and regulated abortions in India .It aimed to reduce maternal mortality rates due to unsafe abortions.The upper limit of gestation upto which a woman can opt for abortion was 20 weeks.The termination was practised under two conditions.
· A single doctor’s feedback was necessary for abortions upto 12 weeks after conception.
· For pregnancies between 12 to 20 weeks , opinions from two doctors was required.
2003 : The MTP act was amended to let pregnant ladies consume or use abortion medicine Misoprostol , to terminate a pregnancy upto 7 weeks.The MTP Act was enacted to provide a legal framework for safe and regulated abortions in India.
2021 : The MTP act was again amended.
· Extension of the gestational limit: The amendment allows for the termination of pregnancy upto 24 weeks, expanding the previous limit of 20 weeks. This extension is subject to the opinion of medical professionals and specific conditions.
· Approval by a single registered medical practitioner: The amendment permits a registered medical practitioner to provide approval for abortion up to 20 weeks, removing the requirement for two opinions between 12 and 20 weeks.
· Special provisions for certain categories of women: The amendment introduces specific provisions to benefit vulnerable women, such as survivors of rape, victims of incest, mentally ill women including retardation, divorced or widowed women , minors and differently-abled women.Any foetal malformation which might lead to death risk after birth can be aborted. These women have more flexibility in accessing safe and legal abortion services.
· Unmarried women can also seek for abortion but under certain conditions .
· If minor , consent from guardian would be required.
Some other points to note :
Under section 312 of IPC any miscarriage done purposely will be considered criminal offence.
Various Court Statements over the Years :
1. Supreme Court of India (Suchita Srivastava v. Chandigarh Administration, 2009): The Supreme Court held that the decision to undergo an abortion should rest with the pregnant woman, and the state cannot impose its reproductive choices on her. It emphasized the importance of protecting women's reproductive rights and access to safe abortions.
2. High Court of Delhi (Dr. Nikhil D. Datar v. Union of India, 2015): The High Court of Delhi recommended amendments to the MTP Act to extend the gestational limit for abortions and allow for termination of pregnancies beyond 20 weeks in cases of severe fatal abnormalities. It emphasised the need for a woman's right to reproductive autonomy and access to quality healthcare.
3. High Court of Bombay (Vikram Devidas Mahajan v. Union of India, 2017): The High Court of Bombay ruled that a woman's right to make decisions regarding her reproductive choices, including abortion, is a fundamental right protected under the Indian Constitution. It reiterated the importance of reproductive autonomy and healthcare access.
4. High Court of Madras (Dr. K. Sengottuvelu v. State of Tamil Nadu, 2018): The High Court of Madras recommended amendments to the MTP Act to raise awareness about reproductive rights and promote sex education in schools. It stressed the need for comprehensive sexual education to prevent unwanted pregnancies and ensure informed decision-making.
5. Supreme Court 2022 : "The marital status of a woman can't be grounds for depriving her right to abort an unwanted pregnancy.Single and unmarried women have the right to abort under the Medical Termination of Pregnancy Act and rules till 24 weeks of pregnancy,"
