A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution. Discuss in relation to amendments to abortion law.
In the 1960s, the Union government ordered the constitution of the Shantilal Shah Committee to deliberate on the legalisation of abortion in the country. The Medical Termination Of Pregnancy (MTP) Act was brought into force in 1971. This law is an exception to the Indian Penal Code (IPC) provisions of 312 and 313 and sets out the rules of how and when a medical abortion can be carried out.
Amendments to abortion law
- The latest amendment to the MTP Act was made in 2021. Before that new rules were introduced in 2003 to allow the use of the newly discovered abortion medicine misoprostol, to medically terminate a pregnancy up to seven weeks into it.
- Broader amendments to the original Act were introduced in 2020 and the amended Act came into force in 2021.
- Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is permitted after medical opinion under stipulated circumstances.
- The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act.
Right to abortion
- The new law will contribute towards ending preventable maternal mortality to help meet the Sustainable Development Goals (SDGs) 3.1, 3.7 and 5.6.
- SDG 3.1 pertains to reducing maternal mortality ratio whereas SDGs 3.7 and 5.6 pertain to universal access to sexual and reproductive health and rights.
- Justice K.S.Puttaswamy v. Union of India and others:The Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution.
The government needs to ensure that all norms and standardised protocols in clinical practice to facilitate abortions are followed in health care institutions across the country. Thus, along with that, the question of abortion needs to be decided on the basis of human rights, the principles of solid science, and in step with advancements in technology.
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