CJI Chandrachud Calls Indian Abortion Laws Liberal, But State Continues To Decide Who Gets To Abort

The Indian abortion law remains patriarchal, hetero-normative and transphobic. The law is yet to recognise a woman’s bodily autonomy and thus to acknowledge abortion as a matter of right. The authority of decision-making upon a person’s pregnancy rests with the State and the woman has to wait for the State’s benevolence which leads to a plethora of illegal and unsafe abortions.

Shahina K. K.
16 OCT 2023

While considering the plea of a 26-year-old woman for medical termination of the 26-week-old fetus, Chief Justice of India DY Chandrachud observed that India is far ahead of other countries with regard to abortion laws. He also remarked that Indian law gives paramountcy to the life of the mother.

How close does this observation go to reality? Does Indian law respect a woman’s autonomy over her body? A closer examination of the Medical Termination of Pregnancy (MTP) Act, 1971 and the prevailing court judgments present a less sanguine perspective. Even the recent 2021 amendment to the MTP Act, rather than broadening access to abortion services, tends to restrict it.

Continued: https://www.outlookindia.com/national/cji-chandrachud-calls-indian-abortion-laws-liberal-but-state-continues-to-decide-who-gets-to-abort-news-324752


How the US scrapping of Roe v Wade threatens the global medical abortion revolution

Medical abortions are a global success story, and not one that will be easily derailed by the legislative backsliding in the US. Time, now, to close the access gaps, report Sally Howard and Geetanjali Krishna

BMJ 2022; 379
doi: https://doi.org/10.1136/bmj.o2349 (Published 19 October 2022)

Sally Howard, Geetanjali Krishna

In 2021, a 20 year old woman in Hyderabad, India, discovered she was pregnant.
A well educated, city girl, she was nevertheless afraid of the stigma attached
to unmarried pregnancy and did not know if she could legally terminate the
pregnancy. Around the same time, another young couple living together in
Bengaluru were in a similar predicament.

“Both women were not ready for a child but completely clueless about the
options they had, and the gestation period up to which abortion is legally
allowed in India,” says Anusha Pilli, a doctor who practises privately in
Hyderabad. Pilli helped both women to get medical abortions before their first
trimesters ended.

Continued: https://www.bmj.com/content/379/bmj.o2349


When People Don’t Say ‘Abortion’: How News Media Shapes Public Perception

Representation in the media can make or break the fight for safe abortions. Here’s how to do it right.

ANOUSHKA RAJESH
28 Sep 2022

“Where I am from, people don’t even say the word 'abortion'," says Meenakshi Saxena, who works with the Foundation for Reproductive Health Services India. She goes on to explain how instead they use 'MTP' as a verb.

MTP refers to the celebrated Medical Termination of Pregnancy Act, the law that protects abortion rights in India.

Continued: https://www.thequint.com/fit/her-health/international-safe-abortion-day-news-media-public-perception-guidelines


India – SC Announces Unmarried Pregnant Women Also Have The Right To Abortion

In light of US Supreme Court overturning Roe Vs Wade, the Supreme Court of India led by Justice Chandrachud declared that unmarried women can access abortion.

Written by Kinkini Gupta
August 26, 2022

The Supreme Court Chief Justice, D.Y. Chandrachud said that an unmarried woman has the right to abort her pregnancy even on the 24th week. The bench was hearing the plea of a woman who wanted to abort after her partner left her. The court quoted from precedents, "A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity. There is no doubt that a woman's right to make reproductive choices is also a dimension of personal liberty."

The Supreme Court also stated that the decision taken by the Delhi High Court was unduly restrictive to not allow the woman to undergo abortion at 23 weeks just because she is unmarried.

Continued: https://www.thehealthsite.com/pregnancy/sc-announces-unmarried-pregnant-women-also-have-the-right-to-abortion-895733/


Time To Let Go Of Stigma: How Far Has India Come In Accepting Abortion?

Ratika Rana
11 Feb 2022

Sexual and Reproductive Health Awareness Day is celebrated on February 12 every year, and it aims to raise awareness about sexual and reproductive health issues and reduce the spread of sexually transmitted infections.

Women in India have always been at the receiving end of several social, cultural, institutional and operational challenges in all spectrums. Even after more than five decades of implementing the Maternity Termination of Pregnancy (MTP) Act in 1971, a woman's right to terminate a pregnancy, or abort her child, remains a debatable and taboo issue. More than 15.6 million abortions happen in India, and many of them are unsafe, thus putting a woman's life at risk.

Continued:  https://thelogicalindian.com/gender/sexual-reproduction-awareness-day-33905


Unsafe abortions is a critical reproductive health issue in India that needs attention : Debanjana Choudhuri

Pratigya Campaign is focusing on addressing the serious issue of gender-biased sex selection while protecting women’s right to safe and legal abortion services in India.

Written by Shardul Nautiyal
January 17, 2022

In India, the conversation on abortion is riddled by social stigma, lack of registered MTP providers and lack of awareness on laws.

Pratigya Campaign has attempted to bridge the gap by populating a database of approved Medical Termination of Pregnancy (MTP) providers so that pregnant women can connect to a verified provider. Since its inception in late 2020, the database of Pratigya Campaign has been accessed by over 2,000 people.

Continued: https://www.financialexpress.com/healthcare/diagnostic/unsafe-abortions-is-a-critical-reproductive-health-issue-in-india-that-needs-attention-debanjana-choudhuri/2408789/


Abortion in India: Bridging the gap between progressive legislation and implementation

When India first passed its abortion legislation in 1971, it was one of the most progressive laws in the world. Fifty years and an amendment later, the country is struggling to offer rights-based abortion care.

Date 18.11.2021
Seerat Chabba (New Delhi)

Shilpa (name changed) found out she was pregnant at the age of 21. She had just enrolled herself into graduate school in India's commercial capital of Mumbai. Distraught and alone in a big city, she took an auto-rickshaw to the nearest hospital and got an appointment with a gynecologist.

Braving judgmental glances, the first question that she had to answer was: "Are you married?" In many parts of India, this question is asked when the doctor wants to know whether the person has been sexually active. Premarital sex remains taboo.

Continued: https://www.dw.com/en/abortion-in-india-bridging-the-gap-between-progressive-legislation-and-implementation/a-59853929


India – New abortion rules recognise minors as vulnerable, seek to make services more accessible to them

Jagriti Chandra, NEW DELHI
OCTOBER 30, 2021

The new abortion rules notified by the Government recently recognise minors as a vulnerable category and seek to make services more accessible to them. But social stigma and conflict with POCSO Act, 2012, or the law against child sexual abuse, pose hurdles.

The Medical Termination of Pregnancy Amendment Rules, 2021, define new categories of vulnerable women who are allowed termination up to 24 weeks upon meeting certain conditions and with the permission of two doctors. These include minors, survivors of sexual assault and those with foetal malformation among others. Others may seek abortion up to 20 weeks with the permission of one doctor upon meeting certain criteria…

Continued: https://www.thehindu.com/news/national/new-abortion-rules-recognise-minors-as-vulnerable-seek-to-make-services-more-accessible-to-them/article37253176.ece


Amended Abortion Law Still Gives Doctors, Not Women, The Final Say

The amended abortion law has allowed termination of pregnancy up to 24 weeks but with a medical board's approval. Abortion is still not available on demand and a woman's agency is not recognised

By Akshita Nagpal
27 April, 2021

New Delhi: The terms for abortion have been liberalised in India after an amended law received the President's assent on March 25, 2021. But gender and reproductive rights activists are disappointed that the law still does not recognise abortion as a woman's choice that can be sought on-demand, as is the practice in 73 countries.

These are the key changes that the Medical Termination of Pregnancy (MTP Amendment) Act, 2021, has brought in:

Continued: https://www.indiaspend.com/gendercheck/amended-abortion-law-still-gives-doctors-not-women-the-final-say-744747


India – HCs across states witness surge in abortion cases

Tue, Sep 22 2020

New Delhi, Sep 22 (IANS): High Courts across the nation are currently witnessing a substantial increase in abortion cases, revealed a legal report on Tuesday.

In 'Assessing the Judiciary's Role in Access to Safe Abortion- II' report by Pratigya campaign, cases seeking permission of termination of pregnancy from the High Courts in India from May 2019 to August were analysed.

There were total 243 cases filed across 14
high courts and one appeal before the Supreme Court. In 84 per cent of the
cases, permissions were given to terminate the pregnancy.

Continued: http://www.daijiworld.com/news/newsDisplay.aspx?newsID=753667