India – On abortion, Supreme Court and government have failed women

Coerced pregnancies and forceful state oversight of termination benefit neither the pregnant person nor the child

Written by Rohin Bhatt
February 5, 2024

For a long time, Indians have prided themselves on a “liberal abortion regime”. In 2022, Union Minister for Women and Child Development Smriti Irani wrote in The Indian Express (‘West steps back, India shows way’, June 27), “It is a liberal achievement over countries where abortions are disallowed since conception, even in the most traumatising of circumstances of sexual abuse or incest… Not only is the government making a concerted effort for reproductive choices to be easier on the pockets of women, it is also promoting safe motherhood through institutional deliveries under Janani Suraksha Yojana and quality, respectful care in labour rooms during deliveries under schemes like LaQshya.”

But do the government and courts walk the talk when issues of abortion come up? A recent look at the decisions of the Supreme Court and high courts would suggest — the answer is no.

Continued: https://indianexpress.com/article/opinion/columns/abortion-supreme-court-government-have-failed-women-9145065/

05.02.2024

Commentary

All India Institute of Medical Sciences

Delhi High Court

India Supreme Court

Medical Termination of Pregnancy Act 1971

Making Legal Abortion Accessible in India

Rural healthcare workers in India are fighting to overcome stigma and systemic shortcomings to help patients.

BY SANKET JAIN
AUG 28, 2023

When Kiran Kumbhar (name changed for safety reasons) was pregnant with her first child, she experienced severe complications that almost took her life. And the debilitating symptoms have continued in the years since: weakness and dizziness, weight gain, and delays of as long as six months between periods. For years she tried to ignore the health ailments, but things got so bad that she eventually sought medical care. She was diagnosed with hypothyroidism, which limits the secretion of necessary hormones that control how a body uses energy, and polycystic ovarian disease (PCOD), in which enlarged ovaries secrete hormones that cause health issues.

Then, 15 years after giving birth to her son, she found herself pregnant again. She faced insults and name-calling daily because of her age and the long gap since her first baby. Both are considered shameful by those who carry conservative beliefs in India.

Continued: https://www.yesmagazine.org/health-happiness/2023/08/28/india-legal-abortion-access

Decriminalising abortion in Asia: Perspectives from India and Nepal

Decriminalising abortion encourages access to safe abortion and proper post-abortion care. It does not mean that the law would no longer regulate abortion, but that no one would be punished for providing or having an abortion, and the law provides a positive framework to ensure access to safe abortion.

RADHIKA SAXENA AND PRABINA BAJRACHARYA
MAY 28, 2023

“FIFTEEN-year-old Sita (name changed), who got pregnant due to rape, ended her pregnancy by consuming medical pills her father obtained from a local pharmacist. Sita’s district court statement noted that she sought an abortion to safeguard her and her family’s reputation. The court convicted Sita of illegal abortion and sentenced her based on her admission.” – Center for Reproductive Rights & Forum for Women, Law and Development, Decriminalization of Abortion in Nepal: Imperative to Uphold Women’s Rights, 2021

The ability to make and exercise decisions about one’s body, sexuality and reproduction is at the core of gender, economic and social justice. Under international human rights law, States are obliged to respect, protect and fulfil rights related to sexual and reproductive health, including the rights to life, health, privacy, information, freedom from ill-treatment, non-discrimination and equality. States are also required to guarantee access to quality sexual and reproductive health information and care, including abortion services.

Continued: https://theleaflet.in/decriminalising-abortion-in-asia-perspectives-from-india-and-nepal/

Supreme Court Of India Grants Woman Permission To Abort At 24 Weeks

Allowing access to abortion only in certain cases such as rape, incest, divorce, or mental or physical illness implies that a woman's body must be violated by external agents for her to be able to gain full control over her own body.

By Debabratee Dhar
July 29, 2022

A 25-year-old unmarried woman was denied medical termination of pregnancy at 23 weeks by the Delhi High Court.

In India, the Medical Termination of Pregnancy Act 1971 permits abortion under a very specific set of conditions. Under the guidelines of the Ministry of Health and Family Welfare, one can avail of abortion within 12 weeks with the approval of one doctor and only if it is carried out by a trained medical practitioner. If one’s pregnancy exceeds 12 weeks but is under 20 weeks, then it can be medically terminated with the approval of two doctors, as long as it is carried out by medical practitioners at a licensed institution.

Continued: https://feminisminindia.com/2022/07/29/supreme-court-of-india-grants-woman-permission-to-abort-at-24-weeks/

29.07.2022

Medical Termination of Pregnancy Act 1971

Medical Termination of Pregnancy Act 2020

Medical Termination of Pregnancy Rules 2003

10 Women in India Die Each Day Due to Unsafe Abortion

According to research published in India Today, more than 80 percent of women do not know that abortion is legal in India.

Newsx Bureau
29 July 2021

It is estimated that 15.6 million abortions take place in India every year. A
significant number of these abortions are done under highly unsafe conditions.
Unsafe abortion leads to the death of 13 women in India each day. It is the
third-largest cause of maternal mortality in India.

According to statistics from various reports
published on the WHO website:

Between 2015 and 2019, on average, 73.3
million induced (safe and unsafe) abortions occurred worldwide each year.
There were 39 induced abortions per 1000
women aged between 15–49 years.
3 out of 10 (29%) of all pregnancies,
and 6 out of 10 (61%) of all unintended pregnancies, ended in induced
abortion.
Around 7 million women are admitted to
hospitals every year in developing countries due to unsafe abortion.

Continued: https://www.newsx.com/health-and-environment/10-women-in-india-die-each-day-due-to-unsafe-abortion.html

29.07.2021

Medical Termination of Pregnancy Act 1971

Abortion in Case of Unmarried Women in India – Everything That You Need To Know

The choice for abortion is not 'equal' for all women in India; the unmarried ones bear the maximum brunt.

FRIDAY, JULY 09

"I was 21 and unmarried when I conceived my first child. My partner was not ready for marriage yet, and I was not ready to abort my child. I had no means to sustain our (me and my baby) lives. My parents rushed me to the nearby doctor and wanted me to say that I wanted the abortion. I had no say in making probably what was the biggest decision of my life. I did not know what to do, who to approach. I wish I knew how to stand for myself," says Urmila (name changed).

Very little is known or discussed on young Indian women who seek medical termination of pregnancy for unintended pregnancy. What is appalling is that not many women themselves know much about their legal rights or safety concerns regarding abortion.

Continued: https://www.thenewsminute.com/article/abortion-case-unmarried-women-india-everything-you-need-know-152027

The New Abortion Rules Are Good. Here’s How To Make Them Better

The amendments to the Medical Termination of Pregnancy are welcome. But some gaps still need to be addressed.

Bhavani Giddu
21 March 2021

Rajya Sabha Passes Bill to Raise Upper Limit Of Abortions From The Present 20 weeks to 24

This week the Rajya Sabha passed a
much-needed amendment to the Medical Termination of Pregnancy (MTP) Act of
1971. This new Bill ensures that women are provided access to safe and legal
abortion services on therapeutic, eugenic, and humanitarian grounds by allowing
MTPs for up to 20 - 24 weeks for special categories of women. While the
categories are not specified and are left to the States to decide, they are
expected to include survivors of rape, victims of incest and other vulnerable
women like the differently abled and minors.

Continued: https://www.outlookindia.com/website/story/opinion-the-new-abortion-rules-are-good-heres-how-to-make-them-better/377848

21.03.2021

Featured

Opinion

abortion law reform

anti-choice restrictions

Medical Termination of Pregnancy Act

Medical Termination of Pregnancy Act 1971

MTP Act

Pre-Conception and Pre-Natal Diagnostic Techniques Act

Pratigya Campaign: overcoming access barriers to safe abortion in India

Pratigya Campaign: overcoming access barriers to safe abortion in India

by International Campaign for Women's Right to Safe Abortion
Mar 30, 2020

This blog post was written before the COVID-19 outbreak.

Women’s ability to access safe and legal abortion is restricted in law or in practice in many countries around the world. As a result, tens of thousands of women die every year due to the complications arising from unsafe abortion. Access to safe abortion is not just a basic reproductive right, but also an integral part of a woman’s bodily autonomy and integrity.

In India, the Medical Termination of Pregnancy Act 1971 (“MTP Act”) allows women to undergo an abortion up to 20 weeks, subject to certain conditions. The legislation is outdated as it has not kept up with the changing discourse on sexual and reproductive rights and advancements in medical technology. It is estimated that 15.6 million abortions take place annually in India[1], however, there are just 60-70,000 providers who can legally provide abortions under the MTP Act[2] which inevitably leads to a considerable number of unsafe abortions.

Continued: http://www.safeabortionwomensright.org/blog/pratigya-campaign-overcoming-access-barriers-to-safe-abortion-in-india/

30.03.2020

Blog

Featured

abortion stigma

Medical Termination of Pregnancy Act 1971

MTP Act

Pratigya Campaign

Pratigya Campaign for Gender Equality and Safe Abortion

India – Comprehensive Abortion Care a Far Cry

Comprehensive Abortion Care a Far Cry
As per the national statistics, only 22 percent abortions are carried out in health facilities while 73 percent are medication-based.

Published: 22nd December 2019
By KG Suresh

At a quiz conducted recently for state-level health communicators in Bihar, it was found that some were not aware that abortions were legal in India while some others thought a woman required the consent of her husband or father for aborting her foetus. In fact, some of them were not even aware of the difference between emergency contraception and abortion drugs. This was significant given the fact that Bihar with 1.25 million abortions annually accounted for a sizeable chunk of the 15.6 million abortions annually estimated in the country by Lancet, an international health journal. Neighbouring Uttar Pradesh reported 3.15 million abortions.

As per the national statistics, only 22 per cent abortions are carried out in health facilities while 73 per cent are medication-based. The national average of unsafe abortions stood at 5 per cent, meaning thereby that about 10 women lose their lives daily because of unsafe abortions.

Continued: https://www.newindianexpress.com/magazine/voices/2019/dec/22/comprehensive-abortion-care-a-far-cry-2078438.html

India – Criminalisation of even consensual sex between adolescents obstructs access to safe abortion for girls

Criminalisation of even consensual sex between adolescents obstructs access to safe abortion for girls

October 19, 2019
Vrinda Grover

Unsafe abortion is the third leading cause of maternal mortality in India, leading to about 10 deaths every day. ‘The incidence of abortion and unintended pregnancy in India, 2015’ study records that of the 15.6 million abortions in 2015, only 22% were conducted in health facilities, whereas an overwhelming 78% abortions were done outside health facilities. Adolescent girls, in the age group of 16-18 years, are left at the mercy of life-threatening pregnancy termination methods. A 2010 facility-based study discloses that 20-30% of abortion seekers were unmarried young women and adolescent girls; and 16.7% of them were victims of sexual abuse.

Significantly, this life endangering vulnerability is abetted by the law. Section 19(1) of the Protection of Children from Sexual Offences (POCSO) Act stipulates mandatory reporting of all sexual offences against a child to the law enforcement authorities, and failure to report the same entails punitive consequences.

Continued: https://timesofindia.indiatimes.com/blogs/toi-edit-page/criminalisation-of-even-consensual-sex-between-adolescents-obstructs-access-to-safe-abortion-for-girls/