Indoctrination in India is in themselves a plethora of controversial issues ranging from the legalities involved in and under which it is permissible. Abortion law has changed over a number of decades, but it is not easy for unmarried women, rape victims, and even cases involving health hazards. These are a few things that throw some light on the abortion laws in India, including the legal time frame, the legal conditions for performing an abortion, and the penalty of an illegal abortion.
Abortion Laws in India
The Medical Termination of Pregnancy Act, 1971, is the dominant legislation on the termination of pregnancy in India. The abortion act permits termination on certain grounds and attempts to prevent the dangers of unsafe abortions which soon became near-rules in maternal deaths. The Act is being amended from time to time, the latest amendment being made in 2021, whereby the permitted time for carrying out abortions under certain specified circumstances gets extended.
When Does the Law Provide for Abortion?
Although abortions in India are still legal, the practice, somewhat restricted, comes with specific provisions. The following are the permissible reasons for performing an abortion:
For up to 12 weeks: During the first 12 weeks the only relevant consent that is required is that from the woman herself and the willingness of one medical practitioner to the procedure.
Between 12-20 weeks: For cases between 12 and 20 weeks, such abortion would need consent from two registered practitioners as risk to life of the mother or possibility of serious physical or mental abnormality in the fetus being severe would be condition precedent for allowing the abortion. .
After 20 weeks: Abortion would be allowed only in very exceptional cases even after 20 weeks, such as when the life of the mother is endangered or if there is gross fetal malformation. Sometimes, the intervention of the High Court or Supreme Court may come in handy for similar cases, particularly rape or incest, whereby the pregnancy extends 20 weeks.
Legal Process of Abortion in India
Abortion can be induced in India in two ways under the MTP Act-prescription method and surgical method.
Medical abortion: The termination will be induced by pills during the first 7 weeks of pregnancy. A medical person should give this nonsurgical method of termination.
Surgical Abortion: With the pregnancy period beyond 7 weeks, surgical termination is undertaken. The fetus will be evacuated from the womb, and this facility requires a medical institution.
Abortion under special circumstances
The MTP Act provides other specific cases for legal abortion, such as:
Threat to a woman’s life: If the pregnancy threatens the woman’s life or can cause severe harm to her physical or mental health, abortion can be considered.
Health-related: If the foetus has some severe physical and mental deformities, and in case the mother suffers from some specific illness like rubella (German measles), the law provides for termination.
Abortion is legally allowed to any woman who is suffering from an unwanted pregnancy as a result of rape or incest. The victims of rape may approach the High Court or the Supreme Court of India for permission to undergo abortion after 20 weeks.
For unmarried but matured women, abortion is performed with their consent. In case of a minor, parental or guardian consent is required.
What are The Punishments for Illegal Abortion in India? Among various cases when abortion is allowed by law, also such law recognizes that abortion is a crime:
If abortion is illegally done beyond the time limit and without the required approvals;
An abortion done by an unqualified person or in an unlicensed institution;
Any abortion done on grounds not permitted by law, for example, on grounds of gender preference.
Penalties associated with illegal abortion differ. The perpetrator of the illegal abortion may be sentenced to five years in prison or a fine or both. The period of imprisonment may even be increased to seven years if the abortion is performed after feeling the movements of the aborted fetus by the mother.
Abortions for Unmarried Girls
Most unmarried pregnant girls tend to face the pressure of society and have to go for abortion. The limit of legality for abortion for unmarried women in India is eighteen years. For those below eighteen, parents’ acceptance is a requirement for abortion. For women that are mentally unstable, guardians’ approval is also necessary.
For unmarried women who are over eighteen years of age, the person concerned has the right to make that decision on her own without requiring the consent of her husband or parents. But, of course, the abortion needs to happen within the first twelve weeks of pregnancy. The procedure needs to be performed by a qualified professional in the field.
Conclusion
Abortion is a legalized act in India, but a multitude of conditions are involved when one avails of this provision. The law aims to make available safe abortions for women and at the same time protect the health and integrity of the woman involved. Consult with a qualified medical professional if you’re thinking of aborting a pregnancy in India to get proper guidance through legal procedures and safe completion of the procedure.
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Abortion in Case of Rape
Rape is a traumatizing act, hence the law allows a victim to terminate the pregnancy when rape has led to said pregnancy. India permits abortion for rape victims, irrespective of the age of the pregnancy. The general practice is that a woman pregnant as a consequence of rape can even go directly to court for the permission to abortion in cases such as those above 20 weeks of pregnancy as per law.
The courts could deny permission for abortion even if the pregnancy was a result of rape, on the grounds that an abortion would pose a risk to the health of the female; that is a primary consideration.
Legal Abortion and Consequences
Abortions conducted outside the purview of law are termed as illegal and are attended by severe sanctions. If an abortion is performed by an unqualified person or in a facility that is not licensed, both the abortion provider and the woman may be implicated. Further, any self-induced abortion will subject the woman to criminal prosecution.
