Abortion - Safe & Right way

Pro-choice or antichoice may be a hot debate in the first world. In India, a woman with an unwanted foetus can just walk into an abortion clinic (it should be a legal one) and terminate the pregnancy. For a first-time mother-to-be, pregnancy is usually a period of joy and childbirth ‘miraculous’. But abortion in India is a backup to contraceptive failure and forced pregnancies through rape or incest. Doctors say that nowadays pregnancies can be detected almost immediately and an abortion pill, legally available in India, if taken within three weeks, does the job.

A woman’s right

A pregnancy can be terminated only with the informed consent of the pregnant woman; no other person’s consent needs to be obtained. The woman must be informed of her rights under the Act. The medical officer of the local civic ward has to be informed by the doctor about the number of abortions done.

Medical Termination of Pregnancy Act (MTPA)

The Medical Termination of Pregnancy Act was passed in 1971 and amended in 2002. The Act governs abortions in India and was intended to make abortion of unwanted pregnancies legal and accessible, given the prevalence of unsafe practices. It applies especially when a medical risk or social censure is involved.
The Act allows the termination of certain pregnancies by registered medical practitioners. If a pregnancy is terminated by someone who is not a registered medical practitioner, it would constitute a criminal offence punishable with imprisonment under the Indian Penal Code.
Only those gynaecologists and other MBBS doctors who have the requisite training as envisaged under the Act are eligible to perform MTP, says Dr Rishikesh Pai, a gynaecologist.Abortion can only be done in clinics registered under the MTP Act.
The identity of a woman who has aborted her foetus has to be kept secret by the doctor and only the woman can chose to reveal it or a special executive magistrate (Class I) can order that it be revealed. All records have to be maintained by the clinic for five years.

When is MTP Act permitted

Abortion is legally permitted up to 20 weeks (five months) of pregnancy on certain grounds.

The two scenarios:

When the pregnancy period does not exceed 12 weeks, then one doctor certifies the need to abort. When the length of the pregnancy exceeds 12 weeks but does not exceed 20 weeks, then two registered medical practitioners must give their opinion for an abortion.

The grounds:

The continued pregnancy would pose a risk of injury to the woman’s physical or mental health. There exists a substantial risk that the foetus would suffer from a severe physical or mental abnormality. The pregnancy resulted from rape or incest; or the continued pregnancy would significantly affect the social or economic circumstances of the woman.

After 20 weeks:

No abortion can be performed. If done, then both the woman and doctor can be sent to jail.

Who can terminate a pregnancy and with whose consent?

Any married or unmarried adult with her own consent. A minor or mentally retarded: with the written consent of her guardian—mother, father or husband.

The justification:

If pregnancy is caused by rape, the anguish caused shall be presumed to constitute a grave injury to the mental health of the pregnant woman. If pregnancy is a result of a contraceptive failure, the unwanted pregnancy may be presumed to cause her mental health problems and social anguish. Failure of contraception is the oft cited reason by women seeking abortion, says gynaecologist Dr Ashwini B Gandhi.

Punishment

If an abortion is not performed by a legally trained doctor, s/he can be convicted and penalised with a fine or imprisonment up to seven years. Anyone who prevents the lawful termination of a pregnancy or obstructs access to a facility for the termination will be similarly liable to be punished under the Act.