The Medical Termination of Pregnancy Act Serves Well in India! But Challenges Remain!

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  • The United States of America’s Supreme Court annulling abortion rights recently has caused humongous heartburn amongst the women in the most advanced of countries is stating the obvious. The global community often used to receive moral sermons from Uncle Sam about supposed human rights violations in other countries sitting on a sacred citadel used to be a common sight not so long back. However, what has transpired in the instant annulling of the abortion rights has brought back focus on the dubious means adopted by the US whilst treating domestic people. Doesn’t cut much ice with the discerning global community anymore. However, the moot point to ponder over here is where India stands on the issue of women’s bodily rights vis-à-vis other countries.

PC: Reuters

  • Let us delve deep into the issue in right earnest to better understand the same. To begin with, Indian society is still conservative, traditional, culturally bounded, and patriarchal despite making tremendous advancements over the years.  Even though we wish to boast ourselves as an aspirational society aiming to be counted amongst the best in the world’s pecking order, the fact of the matter is we are still far from being bracketed as one of the most advanced in extending liberties to our women.  I am certain the majority will concur with me on the matter.  As you are aware, as reproductive rights were set back by half a century in the US, there have been understandable references to India’s liberal abortion laws too.  Yes, you read it right.  Our abortion laws are more liberal.
  • You may be aware that the Medical Termination of Pregnancy Act in the 1970s passed without politics and was amended for the better in 2021. But what is bogging us down is the practice and add-ons to the law proving to be problems of varying dimensions.  A UN Population Fund report estimates that around eight women in India die every day because of unsafe abortions, and between 2009-11, 67% of abortions were classified as unsafe.  Disturbingly, it is among the top three causes of maternal death.  Unsafe abortions are far higher among poor and marginalized populations.  As for the law, the original MTP Act did not require a board of medical practitioners.  They evolved out of judicial interventions-even though the Supreme Court has noted that it deprives women of reproductive freedom.

PC: Lawstreet News Network

  • Mind you, deprivation of women’s reproductive freedom is tantamount to depriving the right to personal liberty. As such, this medical board is infeasible in rural areas, given the lack of qualified gynecologists or radiologists and indeed, most healthcare professionals.  As reported in a recent study, it was found that an 84.2% shortfall of obstetricians-gynecologists in rural north India, and a 57.2% shortfall in south India is a great cause of concern brutally exposing the country’s inadequate healthcare infrastructure.  All of this becomes more of a systemic hurdle given the still-present stigma around reproductive issues, deterring women from seeking safe abortions.  In conclusion, India’s good law needs to lose some paraphernalia and needs to be backed up by health infrastructure and commitment.  A work in progress indeed.