Women Health And Abortion Rights: A Legal Perspective on Medical Termination of Pregnancy
The beauty of being a woman is the most honoured art of the ultimate creator.
The ability that nature gave to women to nurture and give birth to another being
is itself one of the notable and worth appreciating experiences of life. From
the very beginning from conceiving a child to giving birth it is not only a
rollercoaster of emotions but also a journey that ends having a little creature
in hand.
But the experience and the ending is not same for every women. Some end that
miserably and some start the journey not by consent, some crave for motherhood
and some curse its existence as its result of an horrific incident that happened
for the lust of a man.
Though every woman wants to experience this beautiful phase of being a woman but
not all have the same story to share. Multiple reasons and different
complication result in the termination of pregnancy. Not unlike other phases of
women's life there are limitations to when and how a woman could undergo a
termination of pregnancy. Termination of pregnancy commonly known as abortion is
a multi layer topic of discussion that we will unfold gradually.
Introduction
Medical Termination of pregnancy commonly known as abortion is legally regulated
in most parts of the world. According to World Health Organization (WHO) as in
2021 around 73 million induced abortions take place worldwide each year. Six out
of 10(61%) of all the unintended pregnancies and 3 out of 10(29%) of all
pregnancies, end in induced abortions.
Comprehensive abortion care is included in the list of essential health care
services published by WHO in 2020. Abortion is not just a medical procedure laws
made by various countries around the world regulating abortion practices in
their region and case laws related to it give a legal aspect to the termination
of pregnancy. Further we are going to discuss certain laws and their evolution
in various regions of the world particularly the US and our nation India.
The article further lays emphasis on the abortion carried out in countries
lacking medical facilities and their access. Medical termination of pregnancy in
addition to being a procedure involves a lot of changes in the body of a women
and stress to mind. As we proceed further we will attend the emotions of women
who undergo through the procedure of abortion and life beyond that.
Abortion a Medical Procedure
There are four commonly used procedures conducted by doctors for the medical
termination of pregnancy. The method opted depends on the number of weeks that
have passed since the last menstruation. First method includes prescribing pills
to end pregnancy at early stages. The most common regimen includes taking two
pills mifepristone and misoprostol. If you are in 12 to 13 weeks of your
pregnancy Vacuum Aspiration or Suction Abortion could be used for the
termination of pregnancy.
If you are more than 12 weeks pregnant, your provider will use an ultrasound to
date your pregnancy. Doctors can do Vacuum Aspiration until about 14 weeks only,
the most common type of procedure opted in second trimester is called dilation
and evacuation (D&E). If you are have gone a further long in your pregnancy, you
may have to find a specialized, experienced provider to do dilation and
extraction procedure. This is something that doctors reserve for cases relating
to serious problem with the foetus or medical complications related to mother.
Abortion laws in India
Section 312 of the Indian Penal Code states that "voluntarily causing
miscarriage, even when the miscarriage is by the consent of pregnant women." is
a criminal offence. However as the awareness regarding rights increased in
Indian Society the discussion for legislation regarding abortion started in
1960s when the government setup the Shantilal Shah committee.
In 1964 the committee presented a report in Lok Sabha which emphasized the
"liberation of abortion laws in India" as a result of which "Medical Termination
of Pregnancy Act 1971" was enacted. Subsequently as the time lapsed certain
shortcomings could be realized in the Act as the provisions did not align with
current mentality of the society. Section 3(2)(b) of the 1971 Act did not allow
the termination of pregnancy if it exceeds 20 weeks.
The court in some cases like the Mamta Verma v/s Union Of India, Meera
Santosh Pal v/s Union Of India allowed termination of pregnancy if it is
required to protect the life and health of women even if it exceeded 20 weeks.
Other provision that needs to be considered is that according to the Act even if
a married women wanted to end her pregnancy she will have to mention that it was
due to failure of contraceptives which is to regarded as breach of Right to
Privacy. The Act was amended twice in 1975 and 20002 but that did not bring any
major changes. Further the Act was amended in 2021.
The Medical termination of pregnancy (Amendment Act) 2021 included in in its
ambit even single and unmarried women. The amendment increased the maximum
period for a pregnancy to be terminated from 20 weeks to 24 weeks for specific
category of women based on opinion of two registered medical practitioners
modifying Section 3 of the Medical termination of Pregnancy Act.
The Supreme court through its landmark judgements also included unmarried women
in the category as the amendment specifically replaced the "husband" word with
"partner" to cover unmarried women also. In a recent case Supreme Court denied
medical termination of pregnancy in 26 weeks stating that the foetus has the
right to be birthed. So the abortion laws of India not only take into account
the rights of the pregnant mother but also the rights of the unborn child.
Abortion laws in the US
The Abortion laws in the US have seen a lot of change of events from
criminalization in late 1800 to legislation in early 1970s and the ongoing
battle for abortion cases. The landmark judgment of Roe v/s Wade in 1973
protected the right of abortion in all 50 states and set precedent that affected
dozens of cases. Supreme court recognized that constitutional right of privacy
is broad enough to encompass a women's decision to whether or not terminate the
pregnancy. The Roe case has now been overturned and the laws governing abortion
falls to individual State governments.
Conclusion
When people with unintended pregnancies face barriers to attaining safe, timely,
affordable, geographically reachable, respectful and non-discriminatory
abortion, they often resort to unsafe abortion. Developing countries bear the
burden of 97% of all unsafe abortions. More than half of all unsafe abortions
occur in Asia, most of them in south and central Asia. In Latin American and
Africa, the majority (approximately 3 out of 4) of all abortions are unsafe.
In Africa, nearly half of all abortions occur under the least safe circumstances
(2).Lack of access to safe, affordable, timely and respectful abortion care, and
the stigma associated with abortion, pose risks to women's physical and mental
well-being throughout the life-course. Progressive abortion laws and medical
facilities required for safe conduction of procedure is the need of hour for
every region.
Law Article in India
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