Despite almost 51 years of the incorporation of the MTP act in India and the vindication of women's right to abort, abortion still remains a hotly debated and taboo issue in India. The half-a-decade old law is probably the most liberal in the world but is still not free from fallacies. Sadly, it has only turned out to serve a cold shoulder when women are facing killing issues. As per the Abortion Assessment Project (one of the most extensive Indian studies on abortion that lasted from 2000 to 2004), of the total abortions that took place in India, 56% were unsafe! Statistically, of the 6.4 million annual abortions, 3.6 million were unsafe. The mortality from these unsafe abortions contributed to up to 13% of maternal deaths in the country!
As disheartening as this may sound, there are clauses in the act which has helped women destigmatize abortion to some extent. If you are yet not aware of how the country supports women's right to seek an abortion, you must know the following conditions which must be met.
How many ever shady adboards you must have read till now that were captioned "Abortion karaye", know that abortion is not illegal. It surely is legal in India since 1971. The Medical Termination of Pregnancy Act, 1971, is responsible for the legalization of abortion. However, legally, it can only be performed up to 20 weeks of conception.
Abortion can be performed only under 4 conditions
The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial.
There are 4 situations under which legal abortion is performed:
- If continuation of the pregnancy poses any risks to the life of the mother or to her physical or mental health
- If the foetus has any severe abnormalities
- If pregnancy occurred as a result of the failure of contraception (but this is only applicable to married women)
- If pregnancy is a result of sexual assault or rape
It is solely at the discretion of the doctor that a woman may or may not undergo abortion. It is not a right that every woman can exercise solely by her decision. Also,if the abortion is to take place within the first trimester (up to 12 weeks of conception), the woman only needs one doctor to sign off. However, if she exceeds the 12-week bar (from 12 to 20 weeks), she needs two doctors to sign off.
If you are an adult, you do not need your family's or husband's consent Often, especially in a country like ours, women are asked to have the consent of their husbands or families before they get to the operative table. However, the MTP Act gives adult women the autonomy to decide for themselves. A doctor cannot ask for anybody’s consent except for the mother's.
Yes, that's true. In a benchmark judgement, the Supreme Court of India said, "A woman’s freedom of choice whether to bear a child or abort her pregnancy are areas which fall in the realm of privacy".
For online consultation or appointments call Dr Vipin Checker on +91 9820012410 or write to rradhamaternity@gmail.com
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