Denying Women the Right Over their Bodies

Context: The Medical Termination of Pregnancy (Amendment) Bill, 2020 (MTP Bill) will not translate into greater autonomy for women.

Problems with MTP Act 1971:

• A tool for hetero patriarchal population control: The law is framed not to respect a woman’s right over her own body but makes it easier for the state to stake its control over her body.
  • The MTP Act of 1971 was framed to reduce the maternal mortality ratio due to unsafe abortions.
  • It allows an unwanted pregnancy to be terminated up to 20 weeks of pregnancy and requires a second doctor’s approval if it is beyond 12 weeks.
• Ignores the mental state of women: The courts have refused abortions even after 24 weeks, on the grounds that pregnancy was the outcome of a voluntary act.
• Abortion is confined to conditions like mental health, sexual offences and foetal abnormalities.
• Forced women to resort to unsafe methods of abortion:  3rd largest cause of maternal deaths in India.

Issues with the MTP Bill 2020:

• Hetero-patriarchal population control will continue: Doctors approval is mandated
  • One doctor to sign off on termination of pregnancies up to 20 weeks old, and two doctors for pregnancies between 20 and 24 weeks.
• Impact of personal beliefs on the Medical Board (mandated under the Bill):  Medical boards can rely on the facts of the case, but personal beliefs could impact the medical board’s opinion,
• Many factors are excluded in the Bill: Like personal choice, a sudden change in circumstances due to separation from or death of a partner, and domestic violence.
• Bill is confined to women: and denies access to safe abortion to transgender, intersex and gender diverse persons.

Conclusion: Giving Abortion rights to women is a way to treat them properly as adult, responsible for their own choices.

• Taking a cue from Argentina - legalised abortions up to the 14th week of pregnancy.