Introduction
Abortion is the termination of pregnancy before the foetus has become capable of sustaining an independent extra-utrine life. The non-viability of the foetus is considered as long as the pregnancy is <22 weeks. Abortion can be spontaneous or as a result of outside intervention.
Adolescent pregnancy very often leads to unsafe abortion especially if the girls are unmarried. The consequences of this type of abortion can be life threatening. Although abortion is legal in India, it is estimated that four million Indian women a year still resort to illegal abortions because fo social stigma, lack of awareness and the lack of access to health facilities that offer technically competent services.
• When MTP is permitted
According to the Act, abortion may be permitted only in certain
cases:
(a) where the length of the pregnancy does not exceed twelve weeks or
(b) Where the length of the pregnancy exceeds twelve weeks but does
not exceed twenty weeks, if not less than two registered medical practitioners
are, of opinion, formed in good faith, that –
(i) the continued pregnancy
would pose a risk of injury to the woman’s physical or mental
health; or
(ii) there exists a substantial risk that the foetus would suffer from
a severe physical or mental abnormality; or
(iii) the pregnancy resulted from rape or incest; or
(iv) the continued pregnancy would significantly affect the social or
economic circumstances of the women; or
(c) After the 20th week of the gestation period if a medical practitioner,
after consultation with another medical practitioner or a registered
midwife who has completed the prescribed training course, is of the
opinion that the continued pregnancy –
(i) Would endanger the women’s life;
(ii) Would result in a severe malformation of the foetus; or
(iii) Would pose a risk of injury to the foetus.As long as the above
conditions are fulfilled, a doctor can terminate a pregnancy without
fear of being prosecuted under the Indian Penal Code.
• Whose consent is required?
A pregnancy can be terminated only with the informed consent of the
pregnant woman; no other person’s consent needs to be obtained.
In the case of a pregnant woman, less than eighteen years old, and in the case of a pregnant woman, less than eighteen years old, and in the case of a pregnant woman, more than eighteen years old but of unsound mind, the consent of her guardian mist be obtained in writing.
• Where can a MTP be performed?
MTPs can be performed only at the centres certified by the government.
These centers could be located in public or private sector.
• The rights of the pregnant woman
Whenever a woman requests that her pregnancy be terminated, she must
be informed of her rights under the Act.
Also, whenever a pregnancy has been terminated, the medical practitioner should record the prescribed information. However, the name and address of the woman, who has requested or obtained a termination of pregnancy, should be kept confidential, unless she herself chooses to disclose that information.
• Penalization
If a person who is not a medical practitioner, who has not completed
the prescribed training course, performs the termination of a pregnancy,
can be convicted and penalized with a fine or imprisonment for a period
not exceeding 10 years.
