We need a revised legislation on abortion
At present, the law suggests that a woman has no autonomy over her body
Does the termination of an unwanted pregnancy within medically permissible limits amount to murder? The Supreme Court seems to think so in the case of a woman who approached the court in the 21st week of her pregnancy. The woman, a victim of domestic violence, had sought the termination as she wanted a divorce and the option of following a career. The court is going strictly by the Medical Terminations of Pregnancy (MTP) Act which stipulates that the threshold for termination is 20 weeks. Beyond this, the pregnancy can be terminated only if there is a serious danger to the mother’s life or the likelihood of physical or mental abnormalities to the child.
The petitioner in this case asserted her right to privacy under which it can be deemed that the MTP violates her right to health and dignity if she had to continue with her pregnancy. The MTP rules have led to many women seeking back alley abortions at considerable risk - illegal abortions are the third leading cause of maternal death in India. The MTP could do with a lot of finessing to make it more accessible and safe for women. As it stands, after 20 weeks, the woman has to seek legal help to terminate her pregnancy. The medical interpretation of the law also suggests that the woman has no right to her sexuality or reproductive rights. The Medical Termination of Pregnancy Bill 2014 would have addressed some of these concerns though it is hanging fire at the moment. The permissible limit for abortion would have been 24 weeks, and more if the unborn child had serious abnormalities. The PMO, however, sent this bill to the ministry of health and family welfare asking it to strengthen the Act.
One fear that the government seems to have is that the new legislation would encourage sex determination through selective abortion. But this is covered adequately under the Pre-Conception and Pre-Natal Diagnostic Techniques Act and two should not be confused.