Introduction:
In general terms, abortion means ending of a pregnancy. This is done by removing the embryo from the uterus. Abortions can be done in two ways one by surgical procedure second by taking medication that ends pregnancy. Many Countries have liberalized their abortion laws in the past few years, some having restricted abortion laws whereas in some country’s woman can have an abortion at a simple request. In earlier times abortion was considered as a taboo but through the modernisation. In modern times, the ideology of people has become more liberal and many laws have been made to legalise abortion in India[1].
Reasons for Abortion
There are various reasons for abortions some of the major reasons where a woman abord her child in cases where pregnancies result from rape or incest, and women who are victims of these assaults often seek an abortion. Most of the woman in today’s society decide to have an abortion with a view that having a child will somehow affect their lives while some feel unprepared to enter parenthood have a thought that they are too young to raise a child. Many young women in high school or college find themselves pregnant and must choose between continuing the education they need to survive economically or dropping out to have a baby.
Young couples who are just starting their lives and want children might prefer to develop financial security first to provide better care for their future children. Sometimes people enter into a casual sexual relationship that leads to pregnancy with no prospect of marriage, but even if the sexual relationship is more than casual, abortion is sometimes because of the social status of the male which is inappropriate in the society as decided by the woman.
Abortion has always been a controversial issue since ancient times.
Abortion under The Indian Penal Code, 1860
Abortions was made a criminal offence under section Sections 312 to 316 of the IPC 1860 in except in cases to save the life of the mother. In this Act, the word miscarriage is used and refer to abortion. Thus, any person voluntarily causing miscarriage will be penalized by imprisonment for three years and or payment of fine.
Abortion policy events in India[2]
| 1964 | Ministry of health and planning constitutes Shah committee |
| 1966 | Shah Committee Report |
| 1971 | MTP Act passed |
| 1972 | MTP Act enforced in all of India except Jammu and Kashmir |
| 1975 | MTP rules and regulations framed |
| 2002 | MTP Amendment Act |
| 2003 | MTP rules and regulations amended |
| 2004 | National Consensus guidelines for medical abortion under development |
Abortion under The MTP Act, 1971
The Indian Parliament legalised abortion in India bypassing the Medical Termination of Pregnancy Act, 1971. Section 3(2) of the MTP Act, abortion is permitted up to 12 weeks of pregnancy.
Between 12 and 20 weeks, pregnancy can be terminated if two registered medical practitioners think that the termination is in good faith of the mother and child. However, post 20 weeks, termination of pregnancy is not permitted.
Position of Abortion Law in India
Abortion in India is legal up to twenty weeks of pregnancy under certain specific conditions and situations such as:
Even though the act provides prescribed limit of 20 weeks to abord a child, however, in recent case Supreme Court permitted abortion to a rape victim beyond 20 weeks i.e to terminate pregnancy at 24 weeks which is beyond the permissible limit under the MTA act,1971. An adult woman only requires her consent other persons consent is not needed in many parts of India.
The Medical Termination of Pregnancy MTP Act was enacted by the Indian Parliament in the year 1971 with the motive to reduce illegal abortion. The MTP Act came into effect from 1 April 1972 and was further amended in the years 1975 and 2002. The objective of this act is –
however, the constitutionality of the MTP Act was challenged in the case Swati Agarwal & Ors. v. Union of India[3] a PIL was filed challenging the validity of Section 3(2), 3(4) and 5 of the MTP Act as violative of Article 14 and 21 of the Indian Constitution.
The draft of the MTP (Amendment) Bill 2020 which increases the upper limit for legal abortions to 24 weeks in special cases, has been approved by the Union Cabinet.
Abortion does not amount to Murder
Though the main objective of abortion is to end a pregnancy by removing the embryo from the uterus but it does not amount to murder as in abortion it is the whole sole right of the woman whether to raise her child or not no other person can interfere in her right to choose.
Even our constitution provides provision of Right to life and liberty which impliedly related to right to choose. Whereas in some circumstances the abortion is the need of the hour due to some complications for instance where there is a risk of either the child or the mother of such child, where there are chances of abnormalities in such child which eventually lead to the step of abortion or rape which causes pregnancy.
This is the main reason why abortion is not considered as murder even it is said that the foetus is not necessarily a ‘person’ with the right to live a collection of human cells does not have the right to live just because it is of the human species. Therefore, there are situations and circumstances which leads to abortion but it does not amount to murder.
Moral aspects of abortion
Abortion relates to social, religious, economic and political aspects. Its impact on the society seen can be looked at both in a positive and a negative manner as well. Abortion is a moral issue, rightness or wrongness depends on anterior claims about the morality of killing, the nature of the foetus, and the facts of pregnancy and all these is based on a moral structure[4].
The first and the basic moral issue is killing a living being even when it is not properly born basically abortion is a technique of killing a child in the mothers womb who does not want to raise her child due to some reasonable cause according to her but by this technology and technique we provide right to life to the women but lack the same in case of the child by destroying the life in her womb.
Conclusion
The constitution has provided women with the absolute right to choose whatever she wants to do with her body. No other person can interfere in her matter of reproduction. Interfering with her reproductive choices is merely breach and invasion of her privacy and personal liberty as enriched under the constitution. Though the MTP Act has given freedom to women in abortion-related matters, her freedom is still restricted and limited in the act. The concept of Abortion is more of a constitutional issue than a moral one.
However, the laws of abortion are not completely liberal in India and to protect the rights of women some changes needed to be done and thus the step taken by amendment of MTP Act in 2020 bill is a right path to protect the rights of women.
References:
[1] Constitutionality of abortion laws in India. (n.d.). Www.Legalserviceindia.Com. Retrieved September 2, 2020, http://www.legalserviceindia.com/legal/article-1691-constitutionality-of-abortion-laws-in-india.html
[2] Hirve, S. S. (2004). Abortion Law, Policy and Services in India: A Critical Review. Reproductive Health Matters, 12(sup24), 114–121. https://doi.org/10.1016/s0968-8080(04)24017-4
[3] Swati Agarwal & Ors. (1-7-2019) W.P. (C) 825/2019 Supreme Court
[4] Gupta, B., & Gupta, M. (n.d.). THE SOCIO-CULTURAL ASPECT OF ABORTION IN INDIA: LAW, ETHICS AND PRACTISE. Retrieved September 2, 2020, from http://ili.ac.in/pdf/p10_bhavish.pdf
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