Context: A District Judge in Texas, the US has suspended the approval of the abortion pill mifepristone, which will essentially make sales of the pill illegal in the US.
About Mifepristone
- Mifepristone is a medication that is commonly used for medical abortion. It is a synthetic steroid compound that blocks the action of the hormone progesterone in the body.
- Progesterone is necessary for maintaining the lining of the uterus during pregnancy, so by blocking progesterone, mifepristone can effectively terminate an early pregnancy.
- Mifepristone is typically used in combination with another medication called misoprostol. This is taken after mifepristone and helps to expel the pregnancy from the uterus by inducing contractions.
- Both mifepristone and misoprostol are taken orally as pills and are typically used up to 10 weeks of pregnancy. Mifepristone’s popularity lies in the fact that:
- It is a non-surgical option for abortion, considered to be the safest option for aborting early-term pregnancies.
- Since it is a pill, it allows individuals to have more privacy and control over the abortion process.
Roe v. Wade
- In 1973, the U.S. Supreme Court’s ruling in Roe v. Wade recognized that the decision of whether to continue or end a pregnancy belongs to the individual, not the government.
Abortion Laws in India
- Under Indian Penal Code, voluntarily causing a woman with a child to miscarry is an offence attracting a jail term of up to three years or fine or both unless it was done in good faith where the purpose was to save the life of the pregnant woman. Since this provision was highly restricting the reproductive rights of women, a law was passed to give exemptions from the above criminal provision.
Medical Termination of Pregnancy, Act (1971)
This act allowed voluntary termination of pregnancy under the following conditions:
- Continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health.
- Substantial risk that the child if born, would be seriously handicapped due to physical or mental abnormalities.
- Pregnancy is caused by rape.
- Pregnancy is due to the failure of contraceptives in a married woman.
- Maximum time limit to terminate the pregnancy – 20 weeks though the law granted abortion rights to some extent, there were some issues with it and there was a need for an amendment.
Need for amendment of MTP Act, 1971
- Unsafe abortions: Rigid conditions and time-limit for termination of pregnancy legally forced many to resort to illegal unsafe abortions. E.g., According to a study published in Lancet Global Health, 15.6 million abortions occurred in India in 2015 of which 78% of these were outside health facilities.
- Time delay at judiciary: Those who wish to terminate pregnancy beyond the legal time limit had to seek the court’s permission. This often leads to judiciary delay and prevents women from terminating their pregnancy at the right time.
- Technological advancements: Most of the foetal anomalies that are detected late and the MTP Act, of 1971, had not kept pace with the changing times, needs and advancements in medical science. With the advancement of medical technology, there is a scope to increase the upper limit for terminating pregnancies, especially for vulnerable women, and in cases of severe foetal abnormality.
- Discriminatory to unmarried women: Lack of choice for abortions to unmarried women due to failure of contraception.
Keeping in view of these challenges, an amendment was made to the Act in 2021.
MTP Amendment Act, 2021
- Increased legal time limit: Increases the time for abortion from 12 weeks to 20 weeks with the advice of one registered medical practitioner (RMP) and allows abortion beyond 20 weeks for rape survivors and beyond 24 weeks in case of substantial foetal abnormalities thereby preventing illegal abortions beyond 20 weeks through quacks involving risk to maternal health
- Equal rights to unmarried women: Replaces “any married woman” with “any woman” undergoing termination of pregnancies resulting from contraception failures, thus destigmatising pregnancies outside marriage and accepting modern-day relationships.
- Reduces delay by setting up of medical boards: The amendment sets up state-level Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of substantial foetal abnormalities.
- Confidentiality: Medical practitioners are barred from revealing the identity of women who wants to terminate pregnancies thus ensuring their right to Privacy. However, there is still a long way to ensure full reproductive rights for pregnant women.
Limitations of Medical Termination of Pregnancy (Amendment) Act, 2021
- Section 19 of the POCSO Act requires any person aware of a minor engaging in sex to report the matter to the local police even if it was a consensual act as the law pegs the age of consent at 18 years. Often, they are denied safe and legal termination of pregnancy due to fear of police harassment.
- It does not cover victims of marital rape under the category of rape survivors thereby limiting the right of women to terminate pregnancies.
- There is no change in the process for terminating pregnancies due to rape that have crossed the 24-week limit and the only recourse left is to get permission from SC/HC through a writ petition.
- Lack of government healthcare clinics or medical professionals in remote areas leads to the prevalence of illegal abortion facilities thereby defeating the purpose of the MTP Act.
See also: Daily Current Affairs by Rau's IAS