Medical Rights

Termination Of Pregnancy      (Abortion)

Giving birth to a new life is a blessed feeling for a mother as well as to a family. We say that a life of woman isn’t complete without being a mother.

Mother  is  the only person who can complete a family, whereas planned parenthood  is  what  goes in trend today.

What is Abortion????

Abortion, the expulsion of a fetus from the uterus before it has reached the stage of viability (in human beings, usually about the 20th week of gestation). An abortion may occur spontaneously, in which case it is also called a miscarriage, or it may be brought on purposefully, in which case it is often called an induced abortion. In common terms its killing a baby or infant in the mother’s womb itself.

Difference between Abortion and Miscarriage?

Miscarriage  occur due to many reasons like diseases, trauma , genetic  disorder and many more , whereas Abortion is  done with medical help to preserve the life of the women(mother) before the completion of pregnancy period due to the abnormal health of the infant, mental deficiency or the genetic  disorder. In many cases abortion  can be justified in cases of  rape  to preserve the well being of women.

The topic has become public issues these days. Abortion when done properly is safest else it would risk the life of the mother too.

Before 1971 ,abortion was included under section 312 of Indian Penal Code 1860,describing it about the intentional miscarriage , except in cases where abortion was done to save the life of mother. It is/was a punishable offence where the person will be punishable with three years of imprisonment and or a fine or both.

In 1960 ,abortion  was legal in 15 countries. The increased number of abortion faced the government to pass a bill in year August 1971  as Medical Termination of Pregnancy Act.

The Medical Termination of Pregnancy (MTP) Act 1971, was amended in 2002 to facilitate better implementation and increase access for women especially in the private health sector.

1. The amendments to the MTP Act in 2002 decentralized the process of approval of a private place to offer abortion services to the district level. The District level committee is empowered to approve a private place to offer MTP services in order to increase the number of providers offering CAC services in the legal ambit.

2. The word ‘lunatic’ was substituted with the words ‘mentally ill person’. This change in language was instituted to lay emphasis that "mentally ill person" means a person who is in need for treatment by reason of any mental disorder other than mental retardation.

3. For ensuring compliance and safety of women, stricter penalties were introduced for MTPs being conducted in unapproved sites or by untrained medical providers by the Act.

 The statistical studies show that around 15 million abortions take place in India every year , in which most are unsafe and where 10 women each day lose their life. The study was concluded in year 2002 under Abortion Assessment Project.

The MTP Act specifies – (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated. The MTP Rules and Regulations, 2003 detail training and certification requirements for a provider and facility; and provide reporting and documentation requirements for safe and legal termination of pregnancy.

Under Medical Termination of Pregnancy Act the abortion can only be concluded within 20 weeks of pregnancy under certain conditions:

·        When the pregnancy causes risk to the life of the women or her health.

·        When there are certain chances that if the child born can risk to certain abnormalities.

·        When pregnancy is caused due to rape.

The Pregnancy can be terminated only and only in the Government Hospitals. The Private hospitals are also eligible but only those who are authorized with the government.

MTP Act, Amendments, 2002

The Medical Termination of Pregnancy (MTP) Act 1971 was amended in 2002 to facilitate better implementation and increase access for women especially in the private health sector.

CASE STUDIES

·          In December 2017, a 13-year old rape survivor's father approached the Bombay High Court seeking permission for the termination (Abortion in common language) of 26-week fetus. The girl was repeatedly raped by her cousin. Considering the report of the medical board which claimed that there was greater risk to the pregnant girl's life if continued. The Court held that the girl was physically incapable to deliver a child, and granted permission for termination.

·         A 15-year-old girl, who had eloped to marry, sought permission from the Delhi High Court to abort her 25-week pregnancy. The medical board assigned to examine her case, however, reported that termination would pose serious risks to the lives of both the fetus and the mother. Subsequently, the High Court denied the girl permission to undergo an abortion.

·         A woman from Thane approached the Bombay High Court in December 2017, seeking permission to terminate her 22-week old foetus that was diagnosed as suffering from various infirmities. The report of the medical committee ascertained that the child, if born, may suffer from mental retardation, while admitting that terminating the pregnancy at this stage would be risky. After the petitioner expressed her willingness to take the risk, the Court permitted her to undergo abortion.

·         After the foetus of a 24-year-old woman from Pune was diagnosed with a cardiac anomaly, she approached the Bombay High Court seeking permission to abort her 24-week foetus. The medical board asked to examine the woman advised abortion while reporting that the child, if born, may have to undergo multiple surgeries. The Court consequently, granted permission for the abortion.

·         In November 2017, a woman approached the Bombay High Court for permission to terminate her pregnancy in 26th week of gestation on grounds of skeletal and neurological abnormalities. Further to the opinion of the medical board constituted by the court, she was granted permission to terminate her pregnancy due to fetal abnormalities incompatible with life.

·         A 13 years girl recently was raped and was found to be pregnant with 23 week ,the father of the girl turned to Bombay High Court to seek the permission to terminate the pregnancy , looking the seriousness of the case , the honorable court grant the permission to terminate the pregnancy. 

  As per the provisions of the MTP Act, only the consent of woman whose pregnancy is being terminated is required. However, in case of a minor i.e. below the age of 18 years, or a mentally ill woman, consent of guardian (MTP Act defines guardian as someone who has the care of the minor. This does not imply that only parents are required to consent.) is required for termination. The MTP Rules, 2003 prescribe that consent needs to be documented on Form C.

This form is used to fill for the minor for her consent for the termination of her pregnancy.

Conclusion

Termination of pregnancy should only be done with the consent of the doctor under the MPT ACT whereas illegal / unsafe termination can risk the life of the women and she and the family can be punished under the MPT ACT.