Before 1971, abortion in India was not recognized as a legal right, and therefore considered a criminal offense. Section 312 of the Indian Penal Code , in this regard stated, “Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.

Under the IPC, the mother and the person who carried out the abortion could be punished except in the case  where the life of the mother was in danger due to the pregnancy.     

          

This law was violated by several women who underwent illegal abortion performed in unsafe circumstances by untrained individuals. As a result the Government of India decided to set up a Committee headed by Shantilal Shah to investigate the possibility of legalizing Abortion. The Committee recommended the setting up of a new law called The Medical Termination of Pregnancy Act which was eventually passed in both the houses of parliament.

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• Medical Termination of Pregnancy Act (MTP), 1971

 

The MTP Act permits the termination of an unintended pregnancy upto 20 weeks gestation period.There is however, the requirement of a second doctor’s approval if the pregnancy is beyond 12 weeks. Under the law, the abortion could be carried out in any government facility or any private medical facility which was registered to perform such an act. The law also defined the grounds on which the abortion could be carried out: pregnancy caused due to rape, unintended pregnancy caused due to a contraceptive failure, if the pregnancy hampers the physical and mental health of the mother or is there is risk to the child in the form of a disease or abnormality. The Medical Termination of Pregnancy Act Regulations 1975, establishes the procedural rules for getting a facility registered, management of stock and client records, follow up processes etc.

 

• MTP Amendment Act, 2002

 

According to some of the recommendations made by the National Commission for Women, certain amendments were made to the existing law. The process for getting a facility registered was decentralized along with its regulation. Instead of getting the facilities approved by state level committees, district level committees were given the authority to approve and regulate the facilities. Furthermore, the process of getting an abortion facility registered was given a timeline, with inspection to be carried out within two months of receiving an application and further two months for giving an approval. The MTP Amendment act also allowed abortions through medication (Mifepristone+ Misoprostol) by a registered medical practitioner with access to a facility so that in case where the medical abortion fails or remains incomplete, the woman can undergo a surgical procedure.

 

• MTP Draft Amendment Bill, 2014

 

The draft Amendment Bill, 2014 seeks to increase the time limit for getting an abortion from 20 weeks to 24 weeks gestation period. Many medical and legal practitioners have argued that in mostcases,fetal abnormalities can be detected only after the 20th week of pregnancy. The draft bill also proposes including non allopathic medical practitioners as abortion service providers.