“My husband and I were comforted with two equally horrible options – carry the pregnancy to term and watch our baby girl suffocated to death upon birth, or end the pregnancy Earl and say goodbye to our much wanted and much loved baby girl.”
After 20 weeks ultrasound, she found out her daughter would be born with a complication called a congenital diaphragmatic hernia (CDH) and would suffocate at birth. She made the difficult discussion of ending the pregnancy at 21 weeks .
A real-life story of abortion for the safety of both mother & child wasn’t a crime.
Introduction:
Abortion is the termination of pregnancy that does not result in the birth of a child.it is done by using medicine or surgery to remove the embryo from the fetus and placenta from the uterus of a pregnant woman.
Abortion is done by a woman for her wellness if any complication is there in the pregnancy or harm to the child. termination does not affect only physical health but also mental health of a woman.
Likely to have depression, health issues, disease, etc.
Is abortion a fundamental right?
Apart from the various right to women, rights to abortion is also a part of article 21 under the right to privacy which is part of the right to personal liberty & life. In case of Suchita Srivastava V. Krishnan, the supreme court & high court of Madras held that women’s reproductive right is a part of Article 21 and they have right to chose weather continue the pregnancy or not.
In another case of Laxmi Mandal v. Deen Dayal Hari Nagar Hospital, the Delhi High Court ruled that preventable maternal death represents a violation of Article 21 of the Constitution Right.
But at the same time, this right to women contradicts the right to life of an unborn child as a child also has a right to come out of the womb and live. Ronald Dworkin an American jurist was against the concept that the fetus is complete moral just after conception n killing of the fetus is like just like murder. He mentioned his theory that a fetus can’t feel pain before the 26th week of pregnancy and it’s not immoral to kill a fetus who doesn’t develop a brain sufficiently to feel the pain.
Something that is not alive does not have an interest. Thus a safe pregnancy if a Fundamental right.
Laws Regarding Pregnancy Termination
The Medical Termination of Pregnancy, 1971
Unwanted pregnancy & pregnancy without wedlock became a regular phenomenon in the country so to deal with this. In August 1964 a recommendation by the Central family planning board was given to the ministry of health for legislation of abortion.
After that Shanti Lal Shah committee was set up to analyze, report, and survey the data of the issue. On December 30, 1966, the report was submitted and reviewed on that basis government of India passed the Medical Termination of Pregnancy Act, 1971 (MTP Act of 1971), and liberalized abortion laws in India.
This act provides termination of pregnancy before or up to 20 weeks of conception by a registered and qualified medical practitioner and under a safe environment. Under a moral ground and by the consent of women above 18 years and of her parents of below 18 years of age.
The Medical Termination of Pregnancy Rules and Regulations 1975, define the criteria and procedures for approval of an abortion facility, procedures for consent, keeping records and reports, and ensuring confidentiality. Any termination of pregnancy done at a hospital or other facility without prior approval of the Government is deemed illegal and the onus is on the hospital to obtain prior approval.
Thus the MTP act legalized abortion in India and safe abortion to come over the maternal mortality rate In India.
Since after this also the Maternal Mortality ratio is 130/100000 death (2014-2016) to 122/100000 deaths (2015-2017) i.e 6.2 %decline. According to UNICEF every 20 minutes, a woman is dying due to pregnancy or childbirth issues.
Amendments to MTP
Recently on March 2, 2020, the medical termination of pregnancy rules and regulation bill was introduced and proposed some changes in Lok Sabha which includes:
- Defines termination of pregnancy as a procedure to terminate a pregnancy by using medical or surgical methods.
- Termination of pregnancy of length for 22-24 weeks with opinion of to medical practitioner required.
- If pregnancy is injurious to the mental and physical health of both women and children and it should be grave.
Protection of privacy of women is also included for amendment in the act. i.e.:
- The name of the woman terminating pregnancy should not be reviewed in front of anyone except a person authorized by law.
- Contra balances the provision shall be punished available with imprisonment extended to 1 year or with fine or with both as prescribed by rules.
Rights granted to Women for Abortion
- Safety abortion procedure.
- Consent of the pregnant women.
- Wellness of child health
- Wellness of her health & reproductive right.
- Privacy of their identity.
- Abortion by a qualified medical practitioner.
Conclusion
Being a woman I can feel that motherhood is most happiest & toughest job for women from being carrying till none months in the womb then given birth & growing up their child with good values n health for a never-ending lifetime. At the same time when a situation arises of aborting her child, a woman broke from inside no matter child born or not it becomes their part of body & soul. But for the wellness of health physically & mentally it becomes necessary to abort.
Abortion is a right of every woman until it’s not immoral i.e in need of boy child abortion is done. Which is generally a regular practice in India some are by force or family pressure on women & some are volunteered by the women in both senses it immoral.
That’s why to resolve the issue MTP act came into force for the rights of women seeking abortion n give them power and safety to abort safely without complication.
There is no freedom, no equality, no full human dignity and person-hood possible for women until they assert and demand control over their bodies and reproductive process. The right to have an abortion is a matter of individual conscience and conscious choice for the women concerned.
Betty Friedan
Subsequently, the irony is that in regards to having laws for abortion still the maternal mortality rate in India is a great number. People in the village as well as in cities are not aware of these laws. Which makes a practice of doing abortion in some private and not well trained medical practitioner without safety and proper equipments.
The infrastructure of the legal abortion center should be furnished. With more well-equipped instruments & human resources. A proper awareness campaign should be considered especially among the youth generation.
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