Rethinking Abortion In India: A Human Rights Conversation

Niharika Kaul
16 May 2021

The issue of abortion has gained particular momentum in the past few months with two interesting developments in very different parts of the world- the passage of the Medical Termination of Pregnancy (MTP) (Amendment) Bill 2020 in the Rajya Sabha (Upper House) in India and the recent passage of the Argentinian abortion bill, that legalises abortions up to the 14th week of pregnancy. While the MTP (Amendment) Bill 2020 extends the existing time period within which abortion can be conducted in India to 24 weeks in some cases, the Argentinian bill replaces the prior abortion law based on the 'exception model', where three exceptions were allowed to an otherwise blanket criminal prohibition- when a pregnancy endangers the life or health of a woman, girl, or pregnant person, or when it results from rape. After the Argentinian Senate narrowly rejected a bill to decriminalize abortion in 2018, the lower house of Congress finally passed the bill this January.

Continued: https://www.livelaw.in/columns/medical-termination-of-pregnancy-mtp-amendment-bill-2020-world-health-organisation-who-174212

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

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Medical Termination of Pregnancy Act

Medical Termination of Pregnancy Act 1971

MTP Act

Pre-Conception and Pre-Natal Diagnostic Techniques Act

India – Rajya Sabha Passed Amendments To MTP Act: Is It Progressive? What Are Its Limitations?

BHAVANI GIDDU
March 19, 2021

Amendments to MTP Act: 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. Some other features of this progressive Bill are:

Continued: https://www.shethepeople.tv/top-stories/opinion/rs-amendments-to-mtp-act/

19.03.2021

Medical Termination of Pregnancy Act

India – How changes to pregnancy termination bill give women better options for abortion

The Medical Termination of Pregnancy (Amendment) Bill, passed by Rajya Sabha, allows abortion between 20 to 24 weeks for 'certain categories of women' with the assent of two doctors.

ANGANA CHAKRABARTI
18 March, 2021

New Delhi: The Rajya Sabha Tuesday passed a bill that allows abortion for up to 24 weeks “for special categories of women”, from the existing gestation period of 20 weeks.

The bill amends the current Medical Termination of Pregnancy (MTP) Act, which states that abortion within 12 weeks requires the opinion of one doctor and between 12 to 20 weeks will require the opinion of two doctors.

Continued: https://theprint.in/theprint-essential/how-changes-to-pregnancy-termination-bill-give-women-better-options-for-abortion/623626/

India – Parliament passes bill to increase upper limit for abortions: Why access to safe abortion is essential?

At present, women seeking abortion require mandatory opinion of one doctor if it is done within 12 weeks of conception and two doctors if it is done between 12 and 20 weeks.

By: Longjam Dineshwori
Updated: March 17, 2021

The Parliament has finally passed The Medical Termination of Pregnancy (Amendment) Bill, 2020, which increases the upper limit for abortions from 20 to 24 weeks for certain categories of women, and removes limits in the case of substantial foetal abnormalities. The bill was passed on Tuesday with the Rajya Sabha approving the chances, despite majority of the opposition members demanding that the bill should be sent to select committee as it lacks privacy clause. However, Health Minister Harsh Vardhan informed the Parliament that nobody opposed the bill and once enacted, it will reduce the trauma and suffering of women. Mention may be made that the Lok Sabha had passed the bill in March last year.

Continued: https://www.thehealthsite.com/pregnancy/parliament-passes-bill-to-increase-upper-limit-for-abortions-heres-why-women-need-access-to-safe-abortion-802006/

17.03.2021

Medical Termination of Pregnancy (Amendment) Bill 2020

Rajya Sabha nod to Bill on abortion till 24 weeks in special cases

Law after minor UT girl delivered baby in 2017

Mar 17, 2021
Tribune News

The Rajya Sabha on Tuesday passed a Bill to raise the upper limit for permitting abortions from the present 20 weeks to 24 for minors and victims of rape and incest.

The Medical Termination of Pregnancy (Amendment) Bill, 2020, was passed by voice vote after rejecting a resolution moved by Congress MP Partap Singh Bajwa to refer the Bill to a Parliament committee. The Lok Sabha had passed the Bill in March last year.

Continued: https://www.tribuneindia.com/news/nation/rs-nod-to-bill-on-abortion-till-24-wks-in-special-cases-226332

17.03.2021

Medical Termination of Pregnancy (Amendment) Bill 2020

Medical Boards under MTP Bill will make Abortion Inaccessible

Parvathi Sajiv
FEBRUARY 4, 2021

The Rajya Sabha will soon debate The Medical Termination of Pregnancy (Amendment) Bill, 2020. The Bill highlights a few changes, including the setting up of a Medical Board to decide on the abortion of pregnancies beyond 24 weeks due to foetal abnormalities. The Medical Board isn’t feasible in India’s current situation and may push accessibility to abortions further away reports PARVATHI SAJIV.

THE Medical Termination of Pregnancy (Amendment) Bill, 2020 (‘MTP Amendment Bill’) was introduced and passed in the Lok Sabha by the Ministry of Health and Family Welfare in March 2020. The Bill is likely to be brought in the Rajya Sabha in the ongoing budget session, and it still has a few framework issues.

Continued: https://www.theleaflet.in/medical-boards-under-mtp-bill-will-make-abortion-inaccessible/#

04.02.2021

medical boards for abortion

Medical Termination of Pregnancy (Amendment) Bill 2020

India – The MTP Bill Would Put Doctor Panels in Charge of Approving Late‑Stage Abortion; It’s Unfeasible and Unnecessary.

By Dipika Jain & Kavya Kartik
Feb 1, 2021

From 2015 to 2019 in Assam, 51,000 women sought treatment for complications arising from unsafe abortions. In Madhya Pradesh, 36 women died in 2018 and 56 women died in 2019 from unsafe abortions. As recently as January 2021, a 15-year-old girl died from pregnancy-related complications in Bareilly, Uttar Pradesh, after being denied permission to abort. A 2019 study analysing a sample of 1.8 million women from nine states found that two-thirds of abortions in India are unsafe. Despite being completely preventable, unsafe abortion continues to be the third leading cause of maternal deaths in the country. The legal framework on abortion in India, along with the dismal investment in public health care, act as major barriers to safe abortion access and prevent pregnant persons from getting the health care services they need.

Continued: https://theswaddle.com/the-mtp-bill-would-put-doctor-panels-in-charge-of-approving-late-stage-abortion-its-unfeasible-and-unnecessary/

India – Medical board on abortion ‘unfeasible’, says study

82% of obstetrics-gynaecology, paediatric and other specialist posts vacant

Jagriti Chandra
JANUARY 31, 2021

A panel of doctors to decide on termination of pregnancy beyond 24 weeks as proposed in the Medical Termination of Pregnancy (MTP) Amendment Bill, 2020, is “unfeasible” as 82% of these posts are lying vacant in the country, finds a new study.

The MTP Bill was passed in Lok Sabha in March 2020, and is likely to be brought before Rajya Sabha during the ongoing Budget Session.

Continued: https://www.thehindu.com/news/national/medical-board-on-abortion-unfeasible-says-study/article33711124.ece

Abortion And The Law In India

Abortion And The Law In India

Sangram Chinnappa & Abeera Dubey
10 Jun 2020

On 22nd May 2020, out of barely 30 cases enlisted on the daily board of Bombay High Court, 4 cases were for medical termination of pregnancy. One such case was of a 13-year old minor girl who was 22-weeks pregnant. The petition was filed through the girl's mother, a pavement dweller living in Thane. The girl in the case is a survivor of heinous rape alleged to have been committed by her own father. It has been reported that the father used to regularly abuse the girl, she then moved to south Mumbai to live with her aunt and stayed with her during the lockdown.

On 14th May, the girl told her aunt about the assault, after which she fell ill and was taken to the hospital. She was later diagnosed to be 22 weeks pregnant. When she went with her aunt to file the FIR at Crawford Police Station they wrongly refused to lodge her complaint and directed her to go to Thane Police Station. This was not an easy task as the entire country was in lockdown due to COVID-19. After they finally managed to lodged the FIR at the Thane Police Station under various sections of IPC and POCSO she was taken to taken to a JJ Hospital for an abortion. As she was already beyond the 20 week limit stipulated in the law, her family was informed that their only recourse was to get a judicial order from the High Court. The family which has a tough time making ends meet and without any source of income due to the Pandemic were made to run from pillar to post to find a lawyer who could help them out pro bono as they could never afford the fees for filing a Writ Petition in the High Court.

Continued: https://www.livelaw.in/columns/abortion-and-the-law-in-india-158149