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Miscarriage Law in India

Miscarriage Law in India

When a woman voluntarily terminates a pregnancy by a service provider, it is called an induced abortion. [3] Spontaneous abortion[3] is the loss of a woman`s pregnancy before the 20th week, which can be physically and emotionally painful. In everyday language, we talk about miscarriage. Section 312 of the Indian Penal Code of 1860 criminalizes the act of “causing a miscarriage” voluntarily, even if the miscarriage occurs with the consent of the pregnant woman, unless the miscarriage is caused to save the woman`s life. This means that the woman herself or someone else, including a doctor, could be sued for an abortion. The Maternity Benefits Act 1961 provides that in the event of miscarriage, a woman is entitled to six weeks` paid leave immediately after the day of her miscarriage. Women must provide proof of miscarriage and voluntary abortion (abortion) is excluded. In addition, women who are ill as a result of miscarriage are entitled to paid leave of up to one month upon presentation of appropriate medical evidence. [32] [33] India was the first country to legalize miscarriage leave. [30] [31] Prior to 1971, abortion was criminalized under Section 312 of the Indian Penal Code of 1860,[5] where it was described as “intentionally causing miscarriage.” [6] Except in cases where an abortion was performed to save the woman`s life, it was a criminal offence and criminalized women/caregivers, with the person who intentionally caused a woman`s miscarriage with a child[7] risking three years in prison and/or a fine, and the woman who used the service faced seven years` imprisonment and/or a fine.

Even after 50 years of the Medical Abortion Act,[1] abortion has not been decriminalized. The Indian Penal Code of 1860 (IPC) makes abortion (“induced miscarriage”) an offence under Section 312. [7] The MTP Act is the exception to this law. The law protects general practitioners by setting certain conditions under which they can terminate the pregnancy. In addition, the MTP specifically mentions pregnant “women,” making abortion services inaccessible to transgender, genderqueer, and gender non-conforming people, as well as other gender-identified people who do not identify as women. In 2021, the Indian Parliament passed the Medical Abortion Amendment Act, which aimed to reform India`s Abortion Act 1971. This law, the Medical Termination of Pregnancy Act (MTP Act), provided an exemption from criminal liability for “miscarriage” by allowing abortion in certain circumstances. Abortion is allowed by law to save a woman`s life. The penalty for causing a miscarriage is a fine, which can be up to three years in prison. Despite these laws, the number of abortions in the island nation remains high, with the Ministry of Health reporting 658 abortions per day in 2016. In Sri Lanka, 12.5% of all maternal deaths are due to illegal abortions, making it the third leading cause of maternal mortality.

Last week, a 25-year-old woman applied to the Delhi High Court for permission to terminate a 23-week, 5-day pregnancy. Unsafe abortions, the third leading cause of maternal death in the country, account for eight percent of all annual deaths, with 13 women dying every day. [36] Several factors contribute to women opting for abortion outside of licensed abortion centers, including: The rate of safe abortions fell from 20 to 15 per 1,000 women aged 15 to 44 between 1995 and 2003, while the rate of unsafe abortions barely decreased – from 15 to 14 per 1,000. The overall abortion rate fell from 35 to 29 per 1,000. Provisions to increase the pregnancy threshold for abortions: It is recommended to increase the pregnancy limit for abortions due to fetal abnormalities beyond 20 weeks. This would make abortion possible at any time during pregnancy if the fetus is diagnosed with severe fetal abnormalities. In addition, in addition to the above recommendations, it is proposed to increase the pregnancy limit for safe abortion services for vulnerable categories of women to 24 weeks, which may include survivors of rape and incest, single women (single, divorced or widowed) and other vulnerable women (women with disabilities). Changes to the MTP rules would determine the details.

The law also states that with advances in medical technology, the upper limit for abortions, especially for women at risk and in cases of severe fetal abnormalities, can be increased. The Supreme Court added that sexual assault by husbands qualifies as “marital rape” under the MTP Act. Indian law does not criminalize marital rape, although efforts are being made to change this. Improve women`s access to legal abortion services: The law, in its current form, establishes certain operational barriers that limit women`s access to safe and legal abortion services. The amendments propose the following:. All public hospitals are licensed to offer CAC services as standard. However, private sector entities must obtain government approval. Approval is obtained from a district-level committee called the District Level Committee (DLC), which has three to five members.

According to the MTP Rules 2003, the following forms are required for the approval of a private place to provide MTP services: In 1971, the Medical Abortion Act (MTP Law) was introduced to “liberalize” access to abortion, as the restrictive penal provision led women to use unsafe and unsafe methods of abortion. There is no doubt that India`s verdict is commendable, especially since it came at a time when sexual and reproductive rights are seen as a rather contentious issue around the world, especially after the US cancelled the Roe V milestone. The Wade decision, which gave constitutional validity to the right to abortion. He put both India and the issue of women`s rights in the country on the path of progress. Thursday`s ruling clarified that the amendment does not distinguish between married and unmarried women and must also include unmarried women in consensual relationships. “The MTP Act is a provider protection law designed to protect RMP from criminal liability and, as such, it does not focus on the needs of the pregnant woman, reproductive autonomy and agency. Access to abortion is not according to the will of the pregnant woman. This is a highly regulated procedure where the law transfers decision-making power from the pregnant woman to the RMP and gives the RMP wide leeway to decide whether abortion should be performed or not,” the 2021 report says.

It was in the 1960s, when abortion was legal in 15 countries, that reflections were launched on a legal framework for induced abortion in India. The alarming increase in abortions is putting the Department of Health and Family Care on high alert. [8] To remedy this, the Indian government set up a committee headed by Shantilal Shah[8] in 1964 to make proposals to draft India`s abortion law. The recommendations of this committee were adopted in 1970 and introduced in Parliament as the Medical Termination of Pregnancy Bill.[8] This law was passed in August 1971 as the Medical Termination of Pregnancy Act, drafted by Sripati Chandrasekhar. [9]. (iii) who has such experience or training in gynaecology and obstetrics in accordance with the rules of the DPW The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for the provision of CAC services in India. Abortion is allowed for a wide range of conditions up to the 20th week of pregnancy, as described below: American women rightly fear that the government may limit their options. A decision is not expected before the end of the year, and the stakes are high.

The European Court of Human Rights has never ruled on the issue of abortion and whether or not it should be legalised. In fact, European Council member Ireland only legalized abortion in 2018. The Centre`s new fact sheet provides details and analysis on key changes to change, including: India`s decision comes at a time when Roe v. Wade is being reviewed by the U.S. Supreme Court. This 1973 decision protects a pregnant woman`s freedom to decide whether or not to abort without unnecessary government restrictions. As a landmark law, it has served as a beacon of hope for women around the world. Roe v. Wade is now shaking at his roots as a U.S. Supreme Court conservative wants doctors who perform abortions to receive admitting privileges from a nearby hospital.

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