Government wants abortion rights for all women in India

New Delhi: In a move that somewhat recognises a woman’s right over her own body, the Bharatiya Janata Party-led NDA government has suggested that the right to safe and legal abortion should be available to all women in India, irrespective of their marital status. The existing Medical Termination of Pregnancy (MTP) Act recognises and caters only to sexually active “married” women.

In a set of proposed amendments to the MTP Bill — likely to come to the Cabinet soon — the Union health ministry has also suggested increasing the limit of abortion from 20 to 24 weeks in cases of vulnerable women, including rape survivors and disabled women, and recommended that abortion beyond the stipulated time be allowed in cases were the foetus suffers from substantial abnormalities. In all other cases abortions beyond 20 weeks won’t be allowed.

Recognising a woman’s agency over her body and the growing reality of sexually active single, unmarried women, the health ministry in their draft bill recommended making abortion legal for “all sexually active women” in case of unplanned pregnancy or in case of contraceptive failure. “While it is easier for married women to opt for abortion, single women often land in unsafe hands. It has been proposed that all sexually active women be covered under the Act. The idea is to make it women centric,” sources said. The change in law is bound to free India’s betis a little more, while taking the moral sting out of visits to gynecology. The health ministry has proposed that homeopaths, midwives be allowed to carry out “non invasive” abortion procedures.

“As per the proposal, except unani doctors, all ANMs, nurses, midwives working in the system should be allowed to carry out non invasive-abortions,” sources added.

To make it easier for women to seek safe abortion, the government has also suggested doing away with the necessity of second opinion. As per the existing Act, it is mandatory to seek second opinion.

In the draft bill, the government has suggested that a “single opinion” is enough for seeking abortion in first and second trimester. “Earlier, second opinion was mandatory for abortion. The government has decided to do away with it,” sources further said.

According to figures available with the government, out of the six million abortions consucted every year in the country, 55-60 per cent are unsafe, with younger population being the usual prey to the complications. Unsafe abortions contribute to 8.8 per cent of the total maternal deaths.  

The MTP Act in India came into existence in 1971 and was amended in 2003 to facilitate better access to women.