Japan is in the process of getting the abortion pill approved. The government is considering an application from pharmaceutical company Linepharma International for the tandem medications to terminate pregnancies. To avail of the pill, however, the woman will need consent from her spouse.
Women in the US find themselves on the verge of possibly losing the constitutional right to abortion. In September Texas passed a law banning most abortions-- it passed the Senate Bill 8 (SB 8), known as the “fetal heartbeat bill,” which makes abortions in Texas illegal after the heartbeat of the fetus is detected, unless it is a medical emergency, effectively impacting 85 per cent of abortions and wiping out abortion rights in Texas altogether.
On May 3 the US, the country's supreme court voted to strike down the landmark Roe v. Wade decision, which holds abortion a legal right in the country. This spurred a huge abortion rights debate in the US.
Here's a look at what abortion rights look like in India.
Is abortion legal in India?
Dr Sunitha Mahesh, Senior Consultant- feto-maternal medicine and Medical Director, Milann Fertility and Birthing Hospital, Bangalore says, “Yes, Abortion is legal in India. The MTP Act, more commonly known as the Medical Termination of Pregnancy act, was enacted in 1971, mainly as a means to control the population. Then came in the various parameters of who can undergo an abortion, where and so on.”
Initially, the MTP act said that abortion can be permitted up to 20 weeks of pregnancy. It also stipulated that the procedure can be carried out only by a registered medical practitioner. The abortion should take place at a hospital or at a clinic that is fully equipped to do so. “As of 2017, the period for the abortion was extended to 24 weeks as detection of certain conditions like congenital heart defect and Down Syndrome aren't often detected until at a later stage Dr Sunitha says.
Who is eligible to avail of an abortion?
A woman can undergo an abortion if the pregnancy is the result of incest or rape. “Major deformations in the fetus can also be grounds to medically terminate a pregnancy. Other reasons can be the abortion is a result of failed contraception.” A woman can also avail of an abortion if the continuation of the pregnancy can cause grave injury to the physical or mental health of the mother. “An abortion can also be availed in case of a miscarriage i.e. if the baby is dead inside,” the doctor said.
An unmarried woman too can avail of abortion in India.
In case the woman is under 18, “a case should be registered under the POCSO (Protection of Children from Sexual Offences) act,” says woman rights lawyer Veena Gowda. Dr Sunitha says that registering the case is important even if the sexual act has been consensual so that those involved (the minors ) can undergo counselling.
In the case of a minor getting an abortion, “the guardian's signature would be needed to attest the age of the woman.” “But, the guardian cannot force her to either continue or terminate the pregnancy,” Dr Sunitha says.
In 1994, the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques) Act was enacted to prevent misuse of the MTP Act and so that abortions “aren't carried out at the whims and fancies of a woman or a couple,” Dr Sunitha says.
While consent of the spouse isn't required for a woman to undergo an abortion, a spouse cannot force a woman to undergo an abortion. “In such a case, a case for domestic violence can be registered and under IPC 312/313, a case for causing miscarriage can be booked against the husband,” Gowda explains.
A woman, whether a minor or not, cannot walk into a pharmacy to avail a pill for termination of pregnancy unless she has a prescription from a trained medical practitioner.
