Abortion is legalised in India but is it Progressive?

Ever since the US Supreme Court overturned Roe V Wade, several social media users have made statements about how India is progressive since Abortion is legalized here. Yes, Abortion is not banned in India. However, Abortion still remains a big taboo in India, pushing more women to pursue unsafe Abortions.

The recently amended abortion law doesn't respect the bodily autonomy of women but gives doctors, not women-the real stakeholders the final say in terminating the pregnancy. According to the recent Medical Termination of Pregnancy (Amendment) Act, 2021, the gestation limit for abortions has been raised from the prior ceiling of 20 weeks to 24 weeks but only for special categories of pregnant women, including rape or incest survivors. The termination would further need the approval of two registered doctors. Many believe owing to the current pandemic demanding that women seek out the opinion of not one but two practitioners and a medical board for certain kinds of abortions is unfair.

The law further recognizes mental health-related reasons for seeking an abortion that doctors may not support if it violates their personal belief system – doctors can withhold approval for Abortion owing to changed psycho-social circumstances that make a pregnancy unintended and unwillingness in a young, single woman to have a child. However, this has been used by doctors to deny Abortion on moral grounds. There have been reports when a woman was seeking Abortion on the grounds of mental health, doctors have asked them to bring partners or parents along for the procedure. 

This is against the law that provides unmarried women the right to receive abortion services alone, although those younger than 18 must have their guardian's consent. Pregnancy among the unmarried is so stigmatized in India that it is perceived to ruin a family's reputation, and in some cases, suicide is perceived at the family and societal levels as an option for pregnant, unmarried young women. According to one study, 24% of 500 unmarried adolescent abortion seekers reported that their parents had taken punitive measures, such as beating or starving them for prolonged periods.

Despite the abortion laws, unsafe abortions remain one of the most common causes of maternal deaths in India. In India, pregnancy is widely celebrated as gods' gift, and abortions are widely stigmatised and treated as the last resort. According to reports, in 2015, 1.56 crore abortions were accessed annually in the country. Among these, 78% or 1.23 crore were conducted outside health facilities. According to a 2015 report by the Ministry of Health and Family Welfare that cites data from research done between 2001 and 2004, 56% of abortions in India are unsafe, and 10 Indian women die daily owing to Unsafe Abortions.

Abortion, despite being legalized in India not give women the right to get an abortion on demand. In India, a person would have to cite reasons that should later be deemed fit by the doctor to seek pregnancy termination. Abortion is inaccessible, still heavily stigmatized and moreover, is not made Abortion available at the pregnant person's request. Therefore commenting on how progressive India's abortion laws is tone-deaf and don't take into account the abortion taboo culture prevalent in Indian society. 

In order to make abortion every women's right, India should amend MTP to give women the right to get an abortion on demand without any pre-conditions. Moreover, society and doctors should be taught to approach Abortion as a women's right and not as a last resort.