Ahead of International Women’s Day, France becomes the first country in the world to make abortion a constitutional right. However, this historic move was heavily criticised by many anti-abortion groups worldwide.
Speaking to the media, Prime Minister Gabriel Attal ahead of the vote said, “We're sending a message to all women: your body belongs to you and no one can decide for you."
In 2022, the United States faced backlash from the abortion rights activists across the world for banning abortion. While debates and protests for legalising and banning abortion continue in the world, India continues to stick to the legalised procedure of abortion. The Medical Termination of Pregnancy Act, 1971 legalised abortion in India. Find out the 5 Ws and 1 H of abortion procedures in India through this article.
With the help of Dr Apurva Gupta, Consultant, Obstetrics and Gynaecology, Daffodils by Artemis, East Of Kailash, New Delhi, we navigated the details about abortion in India.
Who Can Get Abortion Done
In India, anyone can get abortion done but under certain conditions. Dr Gupta said, “If a woman is 18 years or above then she does not need the consent of her family or her husband to abort. Furthermore, it is completely at the discretion of the doctor that a woman may or may not undergo abortion.”
Also read: Understanding Risks: Say No To Illegal Abortion And Yes To Safe Abortion Care
Marital Status
I have witnessed instances of young women being policed morally by healthcare professionals in small towns on the basis of marital status. But does it really count as per law? Answering this, Dr Gupta said, “Marital status of a woman cannot be used as a ground to deny the right to abort pregnancy. The Supreme Court of India has granted rights to unmarried women to abort pregnancy irrespective of their marital status.”
When Does Family Consent And Authoritative Approval Come In the Picture
According to Dr Gupta, If the abortion is to take place within the 12 weeks of conception, then the woman only needs approval from one doctor. However, if she exceeds the 12-week bar, that is from 12 to 20 weeks, then she needs two doctors to approve. If a woman is 18 years of age or below, family consent is important before abortion.
Also read: Post-abortion Care: Expert Lists Tips To Follow For Faster Recovery
Duration Of Pregnancy And Abortion
As per latest amendments, abortion in India is permitted from 20 to 24 weeks of pregnancy. Dr Gupta said, “Special category women including survivors of sexual abuse, minors, victims of rape, incest or disabled women can also get their pregnancy terminated up to 24 weeks, as per law.”
Abortion becomes illegal after the duration of 24 weeks of pregnancy has passed. Post this period, a court authorisation is necessary for late abortion. Explaining furthermore, Dr Gupta said that in cases where abortion may cause severe harm to the mother, endangering her life, abortion is denied.
Concluding, Dr said, “Doctor retains the final right to agree to conduct or refuse to conduct an abortion on a patient.”