Highlights of the amended Bill
Abortion upto 24 weeks (earlier 20 weeks ) permitted in certain cases
A state-level medical board to be set up to decide if pregnancy can be terminated after 24 weeks in cases of life-risky foetal malformation
Advice of abortion compulsory from one doctor up to 20 weeks of conceptions and two doctors in case of 24 weeks of conceptions
Unmarried women also permitted to terminate their pregnancy up to 20 weeks, in case of failure of contraceptive methods or suggested devices
Confidentiality clause: the name and particulars of the women not to be disclosed, whose pregnancy is to be terminated, unless authorized by the law
To pave the way towards a progressive society, pregnancy should always be the choice of pregnant woman, since it aligns with her reproductive rights. But then comes the authorization needed from specialized medical healthcare workers “timely”. Because even the amended bill has allowed abortion up to 24 weeks maximum depending on various cases stated. Now in a country like India where access to quality health infrastructure isn’t in the capacity of millions who fall short of their pocket or awareness. There have been varying limits and conditions and conditions to allowing abortions in different countries, on the basis of foetal health and the risk of life pregnant women in certain cases have. For example, in the UK a pregnancy can be terminated any time, whereas in South Africa, it rests at the discretion of the pregnant woman up to a period of 12 weeks or between 12-20 weeks in certain cases. 67% of the countries in the world demand an approval from at least one healthcare before undergoing an abortion. This demonstrated a fair imbalance between adequate infrastructure to avail the facility and liberty to exercise one’s rights timely and appropriately.
This bill has certainly attempted to protect this right, however it still lacks the spirit of inclusion. The amended bill allows abortion after 24-wweks but only in case identified below:
Survivor or sexual assault or rape or incest
Minors
Change of marital status during the ongoing pregnancy (widowhood and divorce)
Women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)
Mentally ill women including mental retardation
The foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical of mental abnormalities to be seriously handicapped
Women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the government
Abortion in the above cases will be permitted only when the state-authorized board detect foetal malformations, posing the risk of life of a pregnant woman. But it fails to draw a case line of abortion due to rape, that exceeds 24-weeks. The only means for these cases is through a Writ Petition, for a choice that should be fundamentally theirs. Another loophole identified in the recent amendments made to the Bill is the mandate, that the concerned abortion will be performed only by the doctors who are specialised in gynaecology or obstetrics.
A quick reflection from the data repository reveals that there is a shortage of 75% of such specialized doctors in rural areas. The All-India Rural Health Statistics (2018-19) indicates there are 1,351 gynecologists and obstetricians in community health clinics in rural areas across India, and the shortfall is 4,002 in absolute figures (Section V, Rural Health Statistics (2018-19), Ministry of Health and Family Welfare). The rural population of India is around 716 million people (72%) and yet there is a chronic lack of proper medical facilities for them. As a result, pregnant women from rural areas face the accessibility problem to such facilities, and are deprived of safer abortions.
The fundamental document of our country entitles to protect the life of every state-native. Then comes the obligation to protect the fetus as well. The Medical board has been entrusted to take a decision over abortion, but a clear time frame is still absent within the legislation, by when the board should give a decision. In the absence of this, there might be risk to the life of pregnant women. It is appreciated that the amendments have tried to address the concerns of various cases, one which is still missing is a clause regarding if these amendments are also applicable to trangender persons.
To scrupulously meet the objective of Medical Termination and Pregnancy (amendment) Bill 2021, caution has to be taken to provide universal access to healthcare services comprehensively. While it is commendable that the state has come this much penetrating the cause to ground level, attention must also be given to the means to implement these changes more effectively, and encompass all the left-out stakeholders.
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About the Author:
Antisha is a vehement feminist and is fond of public speaking. She is passionately struggling for the answers to ‘Why’ in addition to ‘What’ and ‘How’. One can always reach out to her over a conversation on science and social sciences with a cup of hot poetry.
You never fail to amaze me, Antisha! ✨