MEDICAL TERMINATION OF PREGNANCY: POLITY
NEWS: Access to abortion, foetal viability, and the laws thereof: women are caught in the crossfire
WHAT’S IN THE NEWS?
The debate around abortion in India revolves around ethical concerns, particularly regarding fetal viability and women's rights. The MTP Act, while providing legal frameworks for abortion, faces ongoing discussions about its extension, access, and potential misuse.
Ethical Concerns Regarding Abortion
• Many doctors express ethical discomfort about performing abortions, especially as the pregnancy progresses.
• Concerns intensify in cases of advanced gestation, where debates around fetal viability become more prominent.
Fetal Viability Debate
• Viability Definition: Fetal viability refers to the point at which a fetus can survive outside the womb, but no definitive moment exists.
• As pregnancy advances, the fetus’s right to life becomes stronger, making the concept of viability a contentious issue in legal and ethical discussions.
India’s Legal Stance on Abortion
• Pre-MTP Act (Before 1971): Before the enactment of the Medical Termination of Pregnancy (MTP) Act in 1971, abortion was largely criminalized under the Indian Penal Code (IPC), except when performed to save the woman’s life.
• MTP Act (1971): The MTP Act decriminalized abortion in certain cases under the supervision of registered medical practitioners.
• Termination Criteria: Pregnancy could be terminated if it did not exceed 20 weeks, with abortion permitted on the opinion of one doctor (12 weeks) or two doctors (12-20 weeks).
• 2021 Amendment to MTP Act:
• Extended Time Frame: The amendment allowed abortion up to 24 weeks for women in cases of rape, incest, change of marital status, or other vulnerable conditions.
• Broader Access: It replaced the term “married women” with “any woman,” making the law applicable to unmarried women as well.
• Post-24 Weeks: After 24 weeks, the MTP Act requires medical boards of expert doctors to be established to decide on abortion requests in cases of substantial fetal abnormalities.
Arguments in Favor of MTP
• Bodily Autonomy and Reproductive Rights: Women have the right to make decisions about their own bodies, with the Supreme Court recognizing reproductive rights as part of personal liberty.
• Physical Health: Abortion may be necessary when a pregnancy poses a threat to a woman’s health, such as in cases of gestational diabetes or eclampsia.
• Mental Health: Pregnancy exacerbating mental health conditions (e.g., postpartum depression) may justify abortion to protect the woman’s mental well-being.
• Non-Viable Fetuses: Abortion is ethically acceptable when the fetus has congenital abnormalities or conditions that make survival outside the womb impossible, preventing unnecessary suffering.
• Unplanned Pregnancies: Access to abortion services can help women facing economic or social hardships avoid further challenges in life.
• Reduction in Unsafe Abortions: Legal access to abortion reduces the number of unsafe, illegal abortions that can lead to severe health risks or death.
Arguments Against MTP
• Right to Life of the Fetus: Ethical objections are rooted in the belief that the fetus has a right to life, particularly as pregnancy progresses and fetal viability becomes more likely.
• Emotional and Psychological Effects: Abortion may lead to long-term psychological consequences for women, including guilt, regret, and emotional trauma.
• Non-Medical Abortions: There is concern that easy access to abortion might lead to its normalization as a method of birth control, rather than being considered a rare medical procedure.
• Risk of Misuse: There is fear that abortion laws might be misused for non-medical reasons, such as sex-selective abortion or convenience.
• Negative Impact on Society: Some argue that widespread abortion may lead to a decline in societal values regarding family and life.
• Cultural Beliefs: Cultural norms often oppose abortion, viewing it as morally unacceptable, particularly when it challenges traditional family structures or the natural order.
Way Ahead
• Improved Access to Abortion Care: Reducing administrative barriers and making MTP pills more accessible could improve women’s ability to obtain abortions safely.
• Better Sex Education: Providing comprehensive sex education and framing abortion as a healthcare service rather than a legal exception could help reduce the stigma surrounding the procedure.
• Empathy in Medical Decision-Making: Doctors should approach late-term abortions with empathy, recognizing the physical and emotional challenges involved for the women seeking them.
Source: https://www.thehindu.com/sci-tech/health/access-to-abortion-foetal-viability-and-the-laws-thereof-women-are-caught-in-the-crossfire/article69373089.ece