Context:The MTP Bill, hailed as progressive, discounts women’s bodily autonomy and reeks of ableism.
Progressive steps in MTP Bill, 2021: compared to the MTP Act, 1971
Destigmatizing pregnancies outside marriage: by replacing “any married woman or her husband” with “any woman or her partner”.
Increased the legally terminable time limit:
Pregnancies terminable subject to the opinion of one medical practitioner is raised to 20 weeks
A pregnancy terminable subject to the opinion of two medical practitioners is raised to 24 weeks.
Section 3(2B), however, makes the upper gestational limits inapplicable to abortions necessitated, in the opinion of the Medical Board, by any “substantial foetal abnormalities”.
Concerns associated with MTP Bill, 2021
Potential for executive overreach: There is ambiguity related to the termination of pregnancies during the gestational periods of 20 weeks and 24 weeks.
Does not provide right to abortion at will: Thus crippling their bodily autonomy as it seeks to cater to women “who need to terminate a pregnancy” as against “women who want to terminate pregnancy”.
Termination is allowed when the life, mental,/physical health of the women or child is at stake.
Promotes societal prejudices (ableism) against persons with special needs: Due to the treatment of “physical or mental disability” or “foetal abnormalities” as separate categories amounting to heightened circumstances for termination of pregnancies.
Strange dichotomy emerges: Not clear whether medical advancement is such that safe abortion is possible at any point in the term of pregnancy.
If yes, termination only in cases of “substantial foetal abnormalities” is fictitious and moralistic.
If no, then termination at any stage due to “substantial foetal abnormalities” exposes the secondary status of women’s safety.
Ignores to address the limited access to abortion facilities: Due to legislative barriers and the fear of judgment from medical practitioners for unmarried women.
AgainstKS Puttaswamy v Union of India judgement- Women’s constitutional right to make reproductive choices and the right to “abstain from procreating” was read into the right to privacy, dignity and bodily autonomy.