Abortion in India
With Roe vs. Wade overturned, let’s go over the Indian Abortion Law. Abortion in India has been legal under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971.
The Act was amended in 2003 and 2021 to enable women's access to safe and legal abortion services.
According to India's Ministry of Health and Family Welfare, The Medical Termination of Pregnancy Act (1971) was passed to “provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto”.
The conditions under which abortion is allowed are:
1. Pregnancy can be terminated upon the opinion of 1 doctor before 20 weeks are complete. If a pregnancy is to be aborted before 24 weeks, it needs the opinion of two doctors.
2. A woman can abort the pregnancy if there is a major threat to her life due to childbirth. A woman can also abort the pregnancy if it is found the child will be born with significant physical or mental disabilities.
Under the MTP Act, the identity of the woman undergoing an abortion procedure must be kept confidential.
The gestation period of 20 weeks can be extended to 24 weeks under these conditions:
- Survivors of sexual assault or rape or incest.
- Minors.
- Change of marital status during the pregnancy (widowhood and divorce).
As per the MTP Act, pregnancy can be terminated only by a registered medical practitioner (RMP) who meets the following requirements:
(I) has a recognized medical qualification under the Indian Medical Council Act.
(ii) whose name is entered in the State Medical Register.
(iii) who has such experience or training in gynaecology and obstetrics as per the MTP Rules.
https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-act-1971…
Please educate yourself, especially downtrodden women who don’t know their rights.
The Act was amended in 2003 and 2021 to enable women's access to safe and legal abortion services.
According to India's Ministry of Health and Family Welfare, The Medical Termination of Pregnancy Act (1971) was passed to “provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto”.
The conditions under which abortion is allowed are:
1. Pregnancy can be terminated upon the opinion of 1 doctor before 20 weeks are complete. If a pregnancy is to be aborted before 24 weeks, it needs the opinion of two doctors.
2. A woman can abort the pregnancy if there is a major threat to her life due to childbirth. A woman can also abort the pregnancy if it is found the child will be born with significant physical or mental disabilities.
Under the MTP Act, the identity of the woman undergoing an abortion procedure must be kept confidential.
The gestation period of 20 weeks can be extended to 24 weeks under these conditions:
- Survivors of sexual assault or rape or incest.
- Minors.
- Change of marital status during the pregnancy (widowhood and divorce).
- Women with physical disabilities.
- Mentally ill women
- Women pregnant with a child that has fetal abnormalities that can have a substantial risk of being incompatible with life.
- Women with pregnancy in humanitarian settings or disaster or emergency.
An UNMARRIED WOMAN can avail abortion in India.
While consent of the spouse isn't required for a woman to undergo an abortion, a spouse cannot force a woman to undergo an abortion. In such a case, a case for domestic violence can be registered and under IPC 312/313, a case for causing miscarriage can be booked against the husband.
A woman, whether a minor or not, cannot walk into a pharmacy to avail a pill for termination of pregnancy unless she has a prescription from a trained medical practitioner.
The MTP Act also grants confidentiality to the person who is getting their pregnancy terminated. Any violation of this is punishable by law.
Abortion is covered by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at ₹15,500/- which includes consultation, therapy, hospitalization, medication, USG or follow-ups.
For medical abortion, the package rate is set at ₹1,500/- which includes consultation and USG.
- Women with pregnancy in humanitarian settings or disaster or emergency.
An UNMARRIED WOMAN can avail abortion in India.
While consent of the spouse isn't required for a woman to undergo an abortion, a spouse cannot force a woman to undergo an abortion. In such a case, a case for domestic violence can be registered and under IPC 312/313, a case for causing miscarriage can be booked against the husband.
A woman, whether a minor or not, cannot walk into a pharmacy to avail a pill for termination of pregnancy unless she has a prescription from a trained medical practitioner.
The MTP Act also grants confidentiality to the person who is getting their pregnancy terminated. Any violation of this is punishable by law.
Abortion is covered by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at ₹15,500/- which includes consultation, therapy, hospitalization, medication, USG or follow-ups.
For medical abortion, the package rate is set at ₹1,500/- which includes consultation and USG.
https://t.co/io5AiAvoCM
http://vmmc-sjh.nic.in/writereaddata/AYUSHMAN%20PACKAGES-PROCEDURES.pdf
As per the MTP Act, pregnancy can be terminated only by a registered medical practitioner (RMP) who meets the following requirements:
(I) has a recognized medical qualification under the Indian Medical Council Act.
(ii) whose name is entered in the State Medical Register.
(iii) who has such experience or training in gynaecology and obstetrics as per the MTP Rules.
All government hospitals are by default permitted to provide CAC services. Facilities in the private sector however require approval of the government.
MTP Act, 2021 also states that:
- The Medical Board has to approve or deny the request for termination within 3 days of receiving it.
- To ensure that the termination procedure, when advised by the Medical Board, is carried out with all safety precautions along with appropriate counselling within 5 days of the receipt of the request for medical termination of pregnancy.
However, even after 50 years of the Medical Termination of Pregnancy Act abortion has not been decriminalised. The Indian Penal Code, 1860 (IPC) makes abortion ('induced miscarriage') a criminal offence under Section 312.
The MTP Act is the exception to this law. The law safeguards registered medical practitioners by laying down certain conditions under which they can terminate the pregnancy.
Moreover, the MTP Act specifically states pregnant "women", hence making abortion services inaccessible to transgender persons, genderqueer and gender non-conforming, as well as others of gender diverse identity who do not identify as women.
But, India was one of the first countries in the world to legalize miscarriage leave. The Maternity Benefit Act 1961 states that in case of miscarriage, a woman will be entitled to paid leave for six weeks immediately following the day of her miscarriage
Women are required to submit proof of miscarriage and willful termination of pregnancy (abortion) is excluded. Women with illness arising out of miscarriage shall, on production are also entitled to paid leave of up to one month on submission of relevant medical proofs.
The Medical Termination of Pregnancy Act, 1971
https://t.co/diGnOPdtgm
MTP Act, 2021 also states that:
- The Medical Board has to approve or deny the request for termination within 3 days of receiving it.
- To ensure that the termination procedure, when advised by the Medical Board, is carried out with all safety precautions along with appropriate counselling within 5 days of the receipt of the request for medical termination of pregnancy.
However, even after 50 years of the Medical Termination of Pregnancy Act abortion has not been decriminalised. The Indian Penal Code, 1860 (IPC) makes abortion ('induced miscarriage') a criminal offence under Section 312.
The MTP Act is the exception to this law. The law safeguards registered medical practitioners by laying down certain conditions under which they can terminate the pregnancy.
Moreover, the MTP Act specifically states pregnant "women", hence making abortion services inaccessible to transgender persons, genderqueer and gender non-conforming, as well as others of gender diverse identity who do not identify as women.
But, India was one of the first countries in the world to legalize miscarriage leave. The Maternity Benefit Act 1961 states that in case of miscarriage, a woman will be entitled to paid leave for six weeks immediately following the day of her miscarriage
Women are required to submit proof of miscarriage and willful termination of pregnancy (abortion) is excluded. Women with illness arising out of miscarriage shall, on production are also entitled to paid leave of up to one month on submission of relevant medical proofs.
The Medical Termination of Pregnancy Act, 1971
https://t.co/diGnOPdtgm
https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-act-1971…
Please educate yourself, especially downtrodden women who don’t know their rights.
Women’s Rights are Human Rights.
Also, The 2020 amendment allowed contraceptive failure, especially for unmarried women a legal right to get an abortion.
And if any medical body does otherwise, for example, deny one person an abortion because they are unmarried, asks for a price higher than set by the government, or tries to doxx your information to someone other than the government of law, it’s a violation of law and you can file an FIR against them.
Also, The 2020 amendment allowed contraceptive failure, especially for unmarried women a legal right to get an abortion.
And if any medical body does otherwise, for example, deny one person an abortion because they are unmarried, asks for a price higher than set by the government, or tries to doxx your information to someone other than the government of law, it’s a violation of law and you can file an FIR against them.
KNOW YOUR RIGHTS.
Taken and edited from the Twitter account @chulbolpandey
Thank you for posting this much-needed information.
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