Can Indian women hope for a better abortion law?
Legislations must not restrict or burden people. They must prevent tragedies. Amending the law will be a crucial step
In July 2017, the Indian judiciary found itself faced with the heart breaking task of delivering judgment on a young child’s abortion plea. The 10-year-old became pregnant after being raped by her uncles. Too young to understand the unspeakable crime, her pregnancy was discovered very late by her parents. From 26 weeks, when her parents first approached the courts till well over 30 weeks, the lower and the Supreme Court, based on medical opinion, ruled that she would have to carry the pregnancy to term. A few short weeks after, she delivered the baby. I was horrified to see this case unfold.
Involving the judiciary, in what otherwise seems like a medical issue, is unfortunately on the rise. An increasing number of women and young girls have approached the courts in recent years to terminate pregnancies that have crossed the 20-week legal limit — usually in cases of pregnancies resulting from rape or because of foetal abnormalities. Under the Medical Termination of Pregnancy Act (MTP), 1971, a woman can get an abortion under certain conditions within the legal gestation limit — if the pregnancy is a threat to her life, if the foetus has abnormalities, if a pregnancy is a result of rape, or in case of con- traceptive failure.
However, the MTP Act does not account for those who may learn about foetal abnormalities only after 20 weeks, or who may be rape survivors (often minors) coming forward late due to stigma and shame or because they did not know they were pregnant. It is also ambiguous for unmarried women who conceive due to contraceptive failure. Additionally, the Act requires consent from medical providers, one in the first and two in the second trimester, making it particularly challenging for those in remote and underserved areas where there is a dearth of providers.
Acknowledging the need for change, the ministry of health and family welfare (MoHFW) has proposed amendments to the MTP Act that addressed the limitations mentioned above. Key among these was increasing the gestation limit for rape survivors to 24 weeks and indefinitely for cases of severe foetal abnormalities. These amendments, however, are yet to be implemented.
Amending the MTP Act is a crucial step towards increasing access. I urge my fellow MPs, the government and the leaders to come together and work to expedite the amendments, freeing our girls and women from the barriers of the Act. Legislations must not restrict or burden people. They must prevent tragedies. We have in the past taken truly progressive stances for our girls and women, even when the rest of the world was a step behind us. It is time we do so again. When it comes to talking or writing about Chinese philosopher Confucius, one really gets thrilled. Here is a philosopher who wrote great treatises and emphasised on the values of life so that one could live life well and be happy and content. If I say he was the fountain of all kinds of truth, I may be exaggerating because there is nothing called truth -- it differs from person to person and also changes with the dynamics of time and context.