According to the World Population Report 2022 of the United Nations Population Fund (UNFPA), about 8 women die every day due to abortion in India, and in 67% of cases, there is a risk of life during abortion. This report has been prepared on the basis of data from 2007-2011. These figures show how serious the challenges related to abortion are in India. Medical Termination of Pregnancy (MTP) Act is applicable for abortion in the country, but many questions arise in it, such as does a woman need the permission of her husband or family for abortion? Let us understand this in detail.
There are legal provisions for abortion in India. Under the MTP Act, abortion is legally possible under the following circumstances:
Danger to the woman's life: If the pregnancy poses a threat to the woman's life.
Possibility of the child being disabled: If there is a possibility that the child may be physically or mentally disabled.
Physical or mental condition of the woman: If the woman is not physically or mentally capable of conceiving.
Minor girl: If a minor girl becomes pregnant.
Pregnancy due to rape: If a woman becomes pregnant due to rape.
On 29 September 2022, the Supreme Court in one of its important decisions said that only a woman has the right over her body. This means that the decision to have an abortion can only be made by a woman who is pregnant. Under Article 21 , if the pregnancy is adversely affecting the mental or physical health of the woman, she has the right to abortion.
Under the MTP Act , every woman has been given the right to abortion within 22 to 24 weeks. The Supreme Court has clarified that no doctor can forcefully impose conditions on a woman. The doctor has to ensure whether the conditions of the MTP Act are being followed or not. But, there is no legal requirement to seek permission from the family or husband.
Married Women: If the husband has not forced sexual relations with his wife, then consent of both is necessary.
Supreme Court verdict (2022): If the husband has forced sexual relations with the wife and she becomes pregnant, then the woman does not need anyone's permission for abortion.
Unmarried girl or woman: An unmarried woman can also get an abortion done without taking permission from anyone.
Minor or mentally incapacitated woman: In case of a minor girl or a mentally incapacitated woman, consent of the parents is required.
The legal aspects related to abortion in India are an important step towards giving women the right over their bodies. The recent decision of the Supreme Court gives women the right to self-determination, allowing them to make their own decisions about their health and future. This is an important step towards women empowerment in society, which is important for everyone to understand and adopt.
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