Abortion in India is only valid until twenty weeks of pregnancy under certain conditions and circumstances, which are broadly defined as:
- the continuation of pregnancy will involve a risk to the life of a pregnant woman or a serious physical or mental health injury, or
- there is a great risk that if a child is born, he or she will suffer from a physical or mental disorder as it becomes seriously disabled.
Recently, the Supreme Court allowed a rape victim to terminate his pregnancy at 24 weeks, which exceeded the allowed 20-week limit specified under the Medical Termination of Pregnancy Act, 1971.
In many parts of India girls are disliked and sex selective abortion is commonly practiced, resulting in an unnatural male-to-female ratio because millions of developing girls are selectively targeted for termination before birth. The gender hierarchy, cultural norms, values ​​and image of women in society are a very important factor in Indian culture and the topic of abortion is considered very personal. In India, the problem of termination of pregnancy is often not based on the woman's own perception, but the cultural, religious, socioeconomic and societal pressures that play an important role in influencing her decision.
Video Abortion in India
Legal status
Before 1971
The Indian Criminal Code, passed in 1860 and written in contemporary English law, states that the induced abortion is illegal. The induced abortion is defined as deliberately "causing a miscarriage". The punishment for an abortion practitioner is three years in prison, or a fine, or both; for women who have an abortion, a sentence of seven years in prison, or a fine, or both. The only exception is when an abortion is induced to save the woman's life.
The prevalence of illegal abortion, combined with the idea that abortion could be a way of controlling the population, causes the government to reconsider the law. In 1964, the Family Planning Council of the Government of India Center met and established a committee to examine the subject of abortion from a medical, legal, social, and moral standpoint. The Committee on Abortion Studies, chaired by Mr. Shantilal Shah (Maharashtra health minister) submitted his report in December 1966. This report suggests that criminal law is too strict and recommends that exceptions where abortion be allowed to be increased and liberalized. Many of the report suggestions are included in the next Medical Termination Act (MTP).
1971 and so on
Indian abortion laws are under the Medical Termination Act (MTP), passed by the Indian Parliament in 1971 with the aim of reducing the incidence of illegal abortion and maternal death and morbidity as a result. The MTP Act came into force on 1 April 1972 and amended in 1975 and 2002.
Pregnancy does not exceed 12 weeks may be terminated based on a opinion formed in good faith. In the case of pregnancy beyond 12 weeks but less than 20 weeks, termination requires the opinion of two doctors. The Medical Termination of Pregnancy (MTP) Act of India clearly states the conditions under which the pregnancy may terminate or be aborted, those eligible for an abortion and place of execution. Some of these qualifications are as follows:
- Women whose physical and/or mental health is threatened by pregnancy
- Women who face the birth of a potentially disabled or deformed child
- Rape
- Pregnancy in an unmarried girl under the age of eighteen with the consent of the guardian
- Pregnancy on "crazy" with the consent of the guardian
- Pregnancy caused by sterilization failure
Statistics
Ipas India reported in 2013 that unsafe abortions kill a woman every two hours in India (about 4,000 deaths per year), according to estimates and calculations linking maternal mortality and Sample Registration Data (SRS) data. A Lancet newspaper in 2007 said there were 6.4 million abortions, 3.6 million or 56 percent unsafe. Based on the last available population and the crude birth rate, Ipas placed the induced abortion rate at 5,007,932. According to the 2011 Census, the institutionalization of abortion varies among Indian states from 32 percent in Chhattisgarh to 73.9 percent in Assam.
In Bihar and Jharkhand, access to safe abortion services is also limited, with two states reporting only 146 of a total of 12,510 medical terminations approved by pregnancy centers in India in 2008 (Ministry of Health and Family Welfare 2009).
Both states also have one of the lower literacy rates and the population in both countries is very high compared to other countries which can be one of the main reasons for the high rates of pregnancy termination because people are not given enough information.
Maps Abortion in India
Sex selective abortion
Pre-natal diagnostic techniques such as Medical Ultrasonography are able to determine the sex of the fetus. In many parts of India girls are disliked and sex selective abortion is commonly practiced, a form of Gendercide, resulting in an unnatural male-to-female ratio because millions of developing girls are terminated before birth. According to The Pre-Natal Diagnostic Techniques (Rules and Prevention of Abuse) Amendment Act, 2002 the following are cognisable, non-bailable and non-compoundable offenses.
- Conduct or associate or assist with a Pre-Natal Diagnostic test to determine the sex of the fetus.
- Sex selection in women or men or both on any tissue, embryo, liquid or gamete originating from one or both
- Advertising or communications of any kind in print, electronic or internet media by the unit, medical professional or company concerning the availability of sex determination and sex selection in the form of services, drugs or any technique.
The provider may be sentenced to three years in prison and Rs. 10,000 fines (five years in prison and a fine of Rp 50,000 for subsequent offenses); those seeking help can be punished with a term that can be extended for up to three years and a fine that can reach Rs 50,000 for the first offense and for subsequent violations with a prison sentence that can be extended to five years and with a fine that may increase to Rs. 100,000.
Implementation
Unsafe abortion continues to exceed the number of safe and legal abortions. The Central Government established an expert committee in 2010 to make recommendations.
References
- Katz, Neil S. Abortion in India: Choosing by Sex. May 20, 2006. 1 Jan. [1]
External links
- Medical abortion information for women in Hindi Information Package International Consortium for Medical Abortion (ICMA) on Medical Abortion
Source of the article : Wikipedia
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