Abortion: Need to go beyond pro-choice, pro-life debate

By Satya Prakash

IT has been almost 11 years since the Supreme Court allowed a mentally challenged rape victim from Chandigarh to give birth to her child. Taking a pro-life stand, a three-judge Bench headed by the then CJI KG Balakrishnan had said, “Nature will take care (of the mother and child) on its own.”

But since then the Supreme Court and various high courts have virtually turned “pro-choice”, allowing termination of unwanted pregnancies even beyond the statutory period of 20 weeks, particularly in cases involving rape victims.

Acknowledging a woman’s right over her body, constitutional courts have maintained that she alone could take the decision whether to become a mother or not.

And now, an amendment to The Medical Termination of Pregnancy Act, 1971 seeks to enlarge the ambit of the law to give women greater access to safe and legal abortion. Passed by the Lok Sabha on March 17, MTP (Amendment) Bill is expected to arrest the trend of women frequently knocking at the doors of courts in recent years.

The MTP Act, 1971 allows abortion of up to 20-week pregnancy, if there is risk to the life of the woman or grave injury to her physical/mental health. Abortion in cases where there is risk of the baby suffering from physical/mental abnormalities which could leave it handicapped is also allowed.

If the pregnancy is up to 12-week old, it can be terminated on the advice of one doctor but if it’s more than 12 weeks but less than 20 weeks, two registered medical practitioners are to be consulted.

MTP Act is considered to be a “pro-choice” law as an adult woman does not need anyone else’s consent. But if the woman is a minor or of unsound mind, consent of guardian is needed. If pregnancy is due to rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the woman’s mental health, it clarifies.

The present law has mainly two problems. First is about rape survivors with 20-week plus pregnancies seeking abortion. Second, it does not offer any solution to pregnancies beyond 20-week period where the foetus has developed some abnormalities.

The amendment proposes to enhance the upper gestation limit from 20 to 24 weeks for special categories of women including survivors of rape, victims of incest and other vulnerable women such as differently abled and minors. Such decisions would be taken by a medical board. It also seeks to protect privacy of the woman whose pregnancy has been terminated.

There is a need to go beyond “pro-life” and “pro-choice” ideological debate over abortion in India as often it’s a question of dignity and survival of a woman in a society and system which lack compassion.