Debanjana Choudhuri, Director-Programs and Partnerships, Foundation for Reproductive Health Services India (FRHSI) talks about MTP act and shares that while specific changes such as the extension of gestational limits, the inclusion of unmarried women are laudable, the amendment still leaves women facing various conditionalities, it still requires women who are seeking to terminate their pregnancies after 24 weeks to obtain the approval of a two-member medical board
Women’s reproductive rights are fundamental human rights. They include the right to decide whether or not to have children, the right to choose when and how to have children, and the right to have access to quality reproductive health care services.
In India, the Medical Termination of Pregnancy Act (MTP Act) is the primary legislation that governs women’s reproductive rights. The 2021 amendment to the Medical Termination of Pregnancy Act (MTP Act) in India was a landmark step towards expanding the reproductive rights of women and girls. The amendment raised the upper limit for MTP from 20 to 24 weeks for certain categories of women, including rape survivors, victims of incest, differently-abled women, and minors. It also made MTP available to “any woman or her partner,” replacing the old provision for “only married woman or her husband.”
While this amendment is indeed a step forward in the context of inclusivity and progressive thought, it is crucial to delve deeper into the persistent issues surrounding women’s agency in reproductive choices, acknowledging the prevalence of societal taboos and the need for comprehensive reform.
Understanding agency
Agency is the ability of individuals to make their own choices and act on them.The MTP Act is a step in the right direction towards recognising and protecting women’s agency. While specific changes such as the extension of gestational limits, the inclusion of unmarried women are laudable, the amendment still leaves women facing various conditionalities, it still requires women who are seeking to terminate their pregnancies after 24 weeks to obtain the approval of a two-member medical board. This requirement can be a barrier for women, as it introduces an additional layer of scrutiny and delay. In addition, the Act does clarify a time frame within which the medical board must file a report post examining the pregnancy and give their opinion. This often leaves women, who are already subjected to judgement for deciding to undergo an abortion in limbo.
In October 2023, the Supreme Court of India rejected the plea of a woman to abort her pregnancy as it had reached the gestation period of 26 weeks. The case had been filed on the ground that the petitioner, a married woman with two children, was suffering from post-partum psychosis and was not in a position to raise a third child, emotionally, financially, and physically. Yet, she was asked to carry the pregnancy to term as it surpassed the 24 week period.
This case highlights the need for a more flexible and empathetic approach to address unique circumstances where women face insurmountable challenges in continuing a pregnancy.
People seek to terminate pregnancies for a variety of valid reasons, including concerns related to economic stability, career prospects, or the stigma of illegitimacy. Yet, more often than not, women find their agency sidelined, forced to seek validation from the law at every stage of their journey towards reproductive choices.
In essence, despite being absolute, women’s rights with respect to reproduction are subject to the discretion of the judiciary, rather than being guaranteed by law.
Moving the needle: Way forward
The 2021 MTP Amendment is a significant milestone, but it is not the final destination. It offers India the opportunity to lead the way in ensuring that women can exercise their agency and freedom when making decisions about their reproductive health. Reproductive rights are not solely a matter of healthcare but a question of justice, dignity, and autonomy.
To empower women in making informed choices about their reproductive health, comprehensive public awareness campaigns and educational initiatives that reach the last mile should be launched. These programs can inform them of their options, available services, and their rights. Destigmatising abortion is a crucial step in this direction.
The law needs to be reimagined to create true impact. Currently, termination of pregnancy is viewed from a lens of a medico-legal procedure. The way forward entails recognising abortion as an essential human right and acknowledging its intersections with women’s agency, healthcare, and societal attitudes.
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