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New Delhi: A controversial decision by the US Supreme Court has sparked a debate not just in the country but around the world on a woman having an abortion.
The US court has said that abortion was not a constitutional right, in the process, overruling a 50-year-old landmark decision.
Here is a look at the abortion laws in India.
Intentional miscarriage of a foetus is a crime in India as well under Section 312 of the Indian Penal Code (IPC) unless it is done to save the life of a woman and under certain other conditions.
The privacy of the woman availing an abortion is of paramount importance and her identity is not to be revealed, under the MTP Act.
Is abortion legal in India?
Yes, abortion is legal in India and has been legal in India for nearly 50 years. However, it is legal only under certain circumstances. Under the Medical Termination of Pregnancy Act of 1971, abortion was allowed under certain circumstances. The MTP Act was mainly enacted as a means to control the population.
When MTP was enacted, the limit for abortion was within 20 weeks of pregnancy. However, with an amendment in 2021, the limit was raised to 24 weeks.
Conditions for medical abortion in India:
1. If the pregnancy has to be terminated within 20 weeks, you need the opinion of one doctor.
2. If the pregnancy has to be terminated within 24 weeks, you need an opinion from two doctors.
3. A pregnancy can be aborted if there is a major threat to her life due to the pregnancy.
4. It is also allowed if it turns out that the child will be born with a significant physical or mental disability.
Conditions for raising limit to 24 weeks:
If the woman is a survivor of a sexual assault, rape, or incest, then she can undergo an abortion by 24 weeks. The time limit is also applicable to minors, women with physical disabilities, and mentally ill women.
Apart from this, if the marital status of a woman is changed over that period, that is if she is divorced or widowed, the increased term limit is applicable to her as well.
If the baby has fetal abnormalities, which might give them a substantial risk of being incompatible with life, then also the mother can undergo an abortion.
The limit is also raised for women who got pregnant in extreme situations, like war, humanitarian crisis, or a state of emergency.
Consent of partner:
It is legal for unmarried women to undergo an abortion in India. For a married woman, she does not need the consent of her spouse to get an abortion if she fits the above condition.
On the other hand, a husband (or spouse otherwise) cannot force a woman to undergo an abortion. In such a scenario, domestic violence cases are registered. A case for causing miscarriage can be booked against the husband.
Financial Aid:
The government of India also covers abortion under public national health insurance funds, Ayushman Bharat and Employees’ State Insurance. The government provides 15,500 rupees for surgical abortion which include consultation, therapy, hospitalisation, medication, USG or follow-ups. For medical abortion, Rs 1,500 are provided for consultation and USG mainly.
India is also one of the first countries in the world to legalise a “miscarriage leave”, which is applicable for abortions as they are consisted as ‘induced miscarriage’. A woman in India is entitled to a paid leave for six weeks immediately following the day of her miscarriage.
