Abortion in India explained

Abortion has been legal in India under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971.[1] The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.[2]

In 2021, MTP Amendment Act 2021[3] was passed with certain amendments to the MTP Act 1971, such as women being allowed to seek safe abortion services on grounds of contraceptive failure, an increase in gestation limit to 24 weeks for special categories of women, and opinion of one abortion service provider required up to 20 weeks of gestation. Abortion can now be performed until 24 weeks of pregnancy as the MTP Amendment Act 2021 has come into force by notification in Gazette from 24 September 2021.[4] The cost of the abortion service is covered fully by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at which includes consultation, therapy, hospitalization, medication, ultrasound, and follow-up treatments. For medical abortion, the package rate is set at which includes consultation and USG.[5]

Types of Abortion

When a woman gets a pregnancy terminated voluntarily from a service provider, it is called induced abortion.[6] Spontaneous abortion, also known as miscarriage, is the loss of a woman's pregnancy before the 20th week. This type of abortion can be physically and emotionally painful.

Until 2017, there was a dichotomous classification of abortion as safe and unsafe.

Unsafe abortion[7] was defined by the World Health Organization (WHO) as "a procedure for termination of a pregnancy done by an individual who does not have the necessary training or in an environment not conforming to minimal medical standards." However, with abortion technology now becoming safer, this has been replaced by a three-tier classification of safe, less safe, and least safe permitting a more nuanced description of the spectrum of varying situations that constitute unsafe abortion and the increasingly widespread substitution of dangerous, invasive methods with the use of misoprostol outside the formal health system.

Abortion law in India

Before 1971 (Indian Penal Code, 1860)

Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code, 1860,[8] describing it as intentionally "causing miscarriage".[9] Except in cases where abortion was carried out to save the life of the woman, it was a punishable offense and criminalized women/providers, with whoever voluntarily caused a woman with child to miscarry[10] facing three years in prison and/or a fine, and the woman availing of the service facing seven years in prison and/or a fine.

It was in the 1960s, when abortion was legal in 15 countries, that deliberation on a legal framework for induced abortion in India was initiated. The alarmingly increased number of abortions taking place put the Ministry of Health and Family Welfare (MoHFW) on alert.[11] To address this, the government of India instated a committee in 1964 led by Shantilal Shah to come up with suggestions to draft the abortion law for India. The recommendations of this committee were accepted in 1970 and introduced in the Parliament as the Medical Termination of Pregnancy Bill. This bill was passed in August 1971 as the Medical Termination of Pregnancy Act, which was authored by Sripati Chandrasekhar.[12]

Shah committee key highlights

Abortion incidence in India

A study in 2018 estimated that 15.6 million[13] abortions took place in India in 2015. A significant proportion of these are expected to be unsafe. Unsafe abortion is the third largest cause of maternal mortality leading to death of 10 women each day and thousands more facing morbidities. There is a need to strengthen women's access to CAC services and preventing deaths and disabilities faced by them.

The last large-scale study on induced abortion in India was conducted in 2002 as part of the Abortion Assessment Project. The studies as part of this project estimated 6.4 million abortions annually in India.[14]

The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for making CAC services available in India. Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below:The MTP Act specifies — (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated. The MTP Rules and Regulations, 2003 detail training and certification requirements for a provider and facility; and provide reporting and documentation requirements for safe and legal termination of pregnancy.

Who may terminate a pregnancy

As per the MTP Act, pregnancy can be terminated only by a registered medical practitioner (RMP) who meets the following requirements:

(i) has a recognized medical qualification under the Indian Medical Council Act

(ii) whose name is entered in the State Medical Register

(iii) who has such experience or training in gynaecology and obstetrics as per the MTP Rules

Where a pregnancy may be terminated

All government hospitals are by default permitted to provide CAC services. Facilities in the private sector however require approval of the government. The approval is sought from a committee constituted at the district level called the District Level Committee (DLC) with three to five members. As per the MTP Rules, 2003 the following forms are prescribed for approval of a private place to provide MTP services:

  1. Form A [Sub-Rule (2) of Rule 5]: Application Form for Approval of a Private Place: This form is used by the owner of a private place to apply for approval for provision of MTP services. Form A has to be submitted to the Chief Medical Officer of the district.
  2. Form B [Sub-Rule (6) of Rule 5]: Certificate of Approval: The certificate of approval for private place deemed fit to provide MTP services is issued by the DLC on this format.

Consent required for termination of pregnancy

As per the provisions of the MTP Act, only the consent of woman whose pregnancy is being terminated is required. However, in case of a minor i.e. below the age of 18 years, or a woman with mental illness, consent of guardian (MTP Act defines guardian as someone who has the care of the minor. This does not imply that only parent/s are required to consent.) is required for termination. The MTP Rules, 2003 prescribe that consent needs to be documented on Form C as detailed below:

  1. Form C [Rule 9] Consent Form: This form is used to document consent of the woman seeking termination. Pregnancy of a woman who is above 18 years of age can be terminated with only her consent. If she is below 18 years of age or mentally ill, written consent of the guardian is required.

Opinions required for termination of pregnancy

The MTP Act details that for terminations up to 12 weeks, the opinion of a single Registered Medical Practitioner (RMP) is required and for terminations between 12 and 20 weeks the opinion of two RMP's is required. However, termination is conducted by one RMP. The MTP Regulations, 2003 prescribe opinion of RMP/s to be recorded on Form I as detailed below:

  1. Form I [Regulation 3] Opinion Form: This form is used to record opinion of the RMPs' for termination of pregnancy. For termination up to 12 weeks of gestation, opinion of one RMP is required whereas for the length of pregnancy between 12 and 20 weeks, opinion of two RMPs is required.
The MTP Regulations, 2003
  1. Form III [Regulation 5] Admission Register: This template is used to document details of women whose pregnancies have been terminated at the facility. The register needs to be retained for a period of five years till the end of the calendar year it relates to.
  2. Form II [Regulation 4(5)] Monthly Statement: This form is used to report MTP performed at a hospital or approved place during the month. The head of the hospital or owner of the approved place should send the monthly report of MTP cases to the Chief Medical Officer of the district.

MTP Act, Amendments, 2002

The Medical Termination of Pregnancy (MTP) Act 1971, was amended in 2002 to facilitate better implementation and increase access for women especially in the private health sector.

  1. The amendments to the MTP Act in 2002 decentralized the process of approval of a private place to offer abortion services to the district level. The District level committee is empowered to approve a private place to offer MTP services in order to increase the number of providers offering CAC services in the legal ambit.
  2. The word 'lunatic' was substituted with the words "mentally ill person". This change in language was instituted to lay emphasis that "mentally ill person" means a person who is in need for treatment by reason of any mental disorder other than mental retardation.
  3. For ensuring compliance and safety of women, stricter penalties were introduced for MTPs being conducted in unapproved sites or by untrained medical providers by the Act.

MTP Rules, 2003

The MTP Rules facilitate better implementation and increase access for women especially in the private health sector.

Proposed Amendments to the MTP Act, 2014

The Government took cognizance of the challenges faced by women in accessing safe abortion services and in 2006 constituted an expert group to review the existing provisions of the MTP Act to propose draft amendments. A series of expert group meetings were held from 2006 to 2010 to identify strategies for strengthening access to safe abortion services. In 2013 a national consultation was held which was attended by a range of stakeholders further emphasized the need for amendments to the MTP Act. In 2014, MoHFW shared the Medical Termination of Pregnancy Amendment Bill 2014 in the public domain. The proposed amendments to the MTP Act were primarily based on increasing the availability of safe and legal abortion services for women in the country.

Expanding provider base: In order to increase the availability of safe and legal abortion services, it has been recommended to increase the base of legal MTP providers by including medical practitioners with bachelor's degree in Ayurveda, Siddha, Unani or Homeopathy. These categories of Indian System of Medicines (ISM) practitioners have Obstetrician and Gynecology (ObGyn) training and abortion services as part of their undergraduate curriculum. It has also been recommended to include nurses with a three and half-year's degree and registered with the Nursing Council of India, into the base of legal providers for abortion services. In addition, it has also been recommended that Auxiliary Nurse Midwives (ANM) posted at high case load service delivery points be included as legal providers of MMA only. These recommendations are supported by two Indian studies[15] [16] that conclude abortions can safely and effectively be provided by nurses and AYUSH practitioners.

Provisions to increase the gestation limit for abortions: It is recommended to increase the gestational limit for seeking abortions on grounds of fetal abnormality beyond 20 weeks. This would result in making abortion available at any time during the pregnancy, if the fetus is diagnosed with severe fetal abnormalities. In addition, further to the above recommendations, it is also proposed to include increasing the gestation limit for safe abortion services for vulnerable categories of women expected to include survivors of rape and incest, single women (unmarried, divorced, or widowed) and other vulnerable women (women with disabilities) to 24 weeks. The amendments to the MTP Rules would define the details for the same.

Increasing access to legal abortion services for women: The Act in its current form imposes some operational barriers that limit women's access to safe and legal abortion services. The amendments propose to:

MTP Amendment Act, 2021

On 29 January 2020, Government of India first introduced the MTP Amendment Bill 2020, which was passed in Lok Sabha on 17 March 2020. A year later, the Bill was placed in Rajya Sabha and was passed on 16 March 2021 as the MTP Amendment Act 2021. The Amendments are as below:

MTP Rules, 2021

The new rules as per the amendments were announced by the government on October 12. Following are the revised rules as per the amendment act:

  1. The gestation period upper limit for terminating a pregnancy with 1 doctor's opinion has been extended from 12 weeks to 20 weeks, with the rule being expanded to include unmarried women as well.
  2. The gestation period upper limit for termination of pregnancy with 2 doctors' opinion has been extended from 20 weeks to 24 weeks, for the following special categories:
    1. survivors of sexual assault or rape or incest
    2. minors
    3. change of marital status during the pregnancy (widowhood and divorce)
    4. women with physical disabilities
    5. mentally ill women
    6. the foetal anomalies that have substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped
    7. women with pregnancy in humanitarian settings or disaster or emergency
  3. A state-level Medical Board will determine the request for termination of a pregnancy longer than 24 weeks in the cases of foetal anomalies.

Role of the medical board

  1. To examine the woman and her reports
  2. To approve or deny the request for termination within 3 days of receiving it
  3. To ensure that the termination procedure, when advised by the Medical Board, is carried out with all safety precautions along with appropriate counselling within 5 days of the receipt of the request for medical termination of pregnancy

The Medical Board shall consist of the following

  1. a Gynaecologist;
  2. a Pediatrician;
  3. a Radiologist or Sonologist; and
  4. other members notified by the State Government or Union territory

Policy and Programmatic Interventions of the Government

The MTP Act 1971 provides the legal framework for provision of induced abortion services in India. However, to ensure effective roll-out of services there is a need for standards, guidelines and standard operating procedures.

The Government of India has taken several measures to ensure the implementation of the MTP Act and make CAC services available to women. Some of them include:

Medical Methods of Abortion (MMA)

MMA is a method of termination of pregnancy using a combination of drugs. These drugs have been approved for use in India by the Drug Controller General of India. MMA has been globally recognized as a method of choice for women seeking CAC services. World over, women prefer to adopt MMA while seeking safe abortion services given the confidentiality and safety it offers to them. However, the unavailability of drugs has hindered access to safe abortions across India. Foundation for Reproductive Health Services India (FRHS India) published a research report on the Availability of Medical Abortion Drugs in the Markets of Six Indian States, 2020. This report indicated that about 56% chemists reported regulatory barriers to stocking and sale of these drugs.[19]

Moreover, the conflation in the MTP Act and the DCGI approval for usage of MA drugs only exacerbates the problem further. The MTP Rules allow an approved provider to prescribe MA drugs at his/her clinic (explanation to section 5 of the MTP Rules 2003). Whereas, labelling guidelines issued by the Central Drugs Standards Control Organisation (CDSCO, DTAB-DCC Division) dated 9 August 2019 says "Warning: Product to be used only under the supervision of a service provider and in a medical facility as specified under the MTP Act 2002 and MTP Rules 2003". The MTP Rules 2003 does not state that the product should be used only in a medical facility. The Comprehensive Abortion Care: Training and Service Delivery Guidelines 2018, Ministry of Health and Family Welfare, Government of India states that MA drugs can be used by a client at home at the discretion of the provider. However, this labelling guidance is being interpreted to say that MA drugs cannot be sold in retail. The CDSCO guidance contravenes the MTP Rules, which allows prescription of MA drugs.

Technical Material on MMA

Community Mobilization for RMNCHA activities

Community health workers bridge the gap between community and the health system. ASHA's play a significant role in provision of information about health services, establishing linkage between and health facilities, providing community level health care and as an activist, building people's understanding of health rights and enables them to access their entitlements at the public health facilities to women on a range of issues including CAC. The National Health Systems Resource Centre (NHSRC) has worked closely with the MoHFW to develop training packages for Accredited Social Health Activist (ASHA) to enable them to provide the required information to women at the community level and facilitate linkages with the facilities. ASHA training modules developed by MoHFW and NHSRC are a key component under the National Health Mission to provide ASHAs with information on relevant topics. Information on CAC and related topics is available in three of seven modules:

Communication on CAC

CAC service is an integral component of the maternal health programme under NHM. However, awareness among men and women about legality as well as availability of abortion services is very low. IDF too has conducted studies to understand the awareness about abortion legality among men and women and found that awareness and legality was low.[20] [21] Even though some of the people are aware of their legal rights regarding abortion, they are unaware of where they can access abortion services. This non-accessibility of abortion services is primarily on moral and political grounds. Also, women are not readily supplied with information about abortion services, nor about the option of abortion unless in emergency circumstances or cases where the baby is unhealthy.[22]

Statistics

Globally, 56 million abortions take place every year.[23] In South and Central Asia, an estimated 16 million abortions took place between 2010 and 2014, and 13 million abortions occurred in Eastern Asia alone.[24]

There is significant variance in the estimates for the number of abortions reported and the total number of estimated abortions taking place in India. According to HMIS reports, the total number of spontaneous/induced abortions that took place in India in 2016–17 was 970,436, in 2015–16 was 901,781, in 2014–15 was 901,839, and in 2013–14 was 790,587.[25] It is reported that ten women die every day in India due to unsafe abortions.[26]

The Guttmacher Institute, New York, International Institute for Population Sciences (IIPS), Mumbai and Population Council, New Delhi conducted the first study in India to estimate the incidence of abortion. The results from this study were published in Lancet Global Health journal in December 2017 in the form of a paper titled "The incidence of abortion and unintended pregnancy in India, 2015".[13]

Notes and References

  1. Web site: MTP ACT, 1971 . 2021-07-23. Ministry of Health and Family Welfare, Government of India . 10 August 1971. https://web.archive.org/web/20220806043201/https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-act-1971 . 6 August 2022 . live.
  2. Web site: MTP Regulations (Department of Family Welfare) Notification . Ministry of Health and Family Welfare, Government of India . 30 September 2022 . New Delhi . 13 June 2003 . https://web.archive.org/web/20220930020413/https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-regulations. 30 September 2022 . live.
  3. Web site: CG-DL-E-26032021-226130 -- Extraordinary Part II, Section 1, The Medical Termination of Pregnancy (Amendment) Act, 2021, No. 8 of 2021 . The Gazette of India . Government of India . 30 September 2022 . 1–3 . 25 March 2021 . 17 July 2022 . https://web.archive.org/web/20220717134533/https://egazette.nic.in/WriteReadData/2021/226130.pdf . live .
  4. Web site: 2024-01-06 . Medical Termination of Pregnancy (Amendment) Act, 2021 . 2024-01-08 . en-US . 8 January 2024 . https://web.archive.org/web/20240108172435/https://compass.rauias.com/current-affairs/medical-termination-pregnancy-amendment-act-2021/ . live .
  5. Web site: Ayushman Packages . Vardhaman Mahavir Medical College and Safdarjung Hospital . Ministry of Health and Family Welfare, Government of India . 30 September 2022 . New Delhi . 2022 . https://web.archive.org/web/20220930024245/http://www.vmmc-sjh.nic.in/writereaddata/AYUSHMAN%20PACKAGES-PROCEDURES.pdf . 30 September 2022 . live.
  6. Web site: Pratigya Campaign — Media Kit Glossary. 20 June 2018. Pratigya — Campaign for Gender Equality and Safe Abortion. 20 June 2018. https://web.archive.org/web/20180620180646/http://www.pratigyacampaign.org/wp-content/uploads/2014/07/8-Media-Kit_Glossary.pdf. 20 June 2018. dead .
  7. Ganatra. Bela. Gerdts. Caitlin. Rossier. Clémentine. Johnson. Brooke Ronald. Tunçalp. Özge. Assifi. Anisa. Sedgh. Gilda. Singh. Susheela. Bankole. Akinrinola. November 2017. Global, regional, and subregional classification of abortions by safety, 2010–14: estimates from a Bayesian hierarchical model. The Lancet. English. 390. 10110. 2372–2381. 10.1016/S0140-6736(17)31794-4. 28964589. 5711001. 0140-6736.
  8. Web site: Abortion law: In 24-week pregnancy case, Supreme Court failed to address women's right to their bodies. Firstpost. 26 July 2016. 20 June 2018. 20 June 2018. https://web.archive.org/web/20180620185541/https://www.firstpost.com/india/abortion-law-in-24-week-pregnancy-case-supreme-court-failed-to-address-womans-right-to-her-body-2916174.html. live.
  9. Bean. Christopher B.. March 2014. Antebellum Jefferson, Texas: Everyday Life in an East Texas Town. By Jacques D. Bagur. (Denton, TX: University of North Texas Press, 2012. Pp. 612. $55.00.). Historian. 76. 1. 106–107. 10.1111/hisn.12030_8. 143926493. 0018-2370.
  10. Web site: The Indian Penal Code 1860. 20 June 2018. https://web.archive.org/web/20181024202554/http://ncw.nic.in/acts/THEINDIANPENALCODE1860.pdf. 24 October 2018. dead.
  11. Abortion and the Law in India. Gaur. K.D.. 1991. dspace.cusat.ac.in. 20 June 2018. 26 June 2018. https://web.archive.org/web/20180626095032/http://dspace.cusat.ac.in/jspui/handle/123456789/11161. dead.
  12. Book: India's Abortion Experience. 978-0-929398-80-8. 1994. University of North Texas Press. 18 March 2023. 12 April 2023. https://web.archive.org/web/20230412055847/https://books.google.com/books?id=h8QnAAAAYAAJ&q=india%27s%20abortion%20experience. live.
  13. Singh. Susheela. Shekhar. Chander. Acharya. Rajib. Moore. Ann M. Stillman. Melissa. Pradhan. Manas R. Frost. Jennifer J. Sahoo. Harihar. Alagarajan. Manoj. January 2018. The incidence of abortion and unintended pregnancy in India, 2015. The Lancet Global Health. 6. 1. e111–e120. 10.1016/s2214-109x(17)30453-9. 2214-109X. 5953198. 29241602. We estimate that 15·6 million abortions (14·1 million–17·3 million) occurred in India in 2015..
  14. Duggal. Ravi. Ramachandran. Vimala. November 2004. The abortion assessment project—India: key findings and recommendations. Reproductive Health Matters. 12. 24 Suppl. 122–129. 0968-8080. 15938165. 10.1016/S0968-8080(04)24009-5. 7911826. free.
  15. Jejeebhoy. Shireen J.. Kalyanwala. Shveta. Mundle. Shuchita. Tank. Jaydeep. Zavier. A. J. Francis. Kumar. Rajesh. Acharya. Rajib. Jha. Nita. September 2012. Feasibility of expanding the medication abortion provider base in India to include ayurvedic physicians and nurses. International Perspectives on Sexual and Reproductive Health. 38. 3. 133–142. 10.1363/3813312. 1944-0405. 23018135. free.
  16. 1 December 2011. Can nurses perform manual vacuum aspiration (MVA) as safely and effectively as physicians? Evidence from India. Contraception. en. 84. 6. 615–621. 10.1016/j.contraception.2011.08.010. 22078191. 0010-7824. Jejeebhoy. Shireen J.. Kalyanwala. Shveta. Zavier. A.J. Francis. Kumar. Rajesh. Mundle. Shuchita. Tank. Jaydeep. Acharya. Rajib. Jha. Nita.
  17. Web site: Gender biased sex selection and access to safe abortion: Frequently asked questions on interlinkages. ipasdevelopmentfoundation.org. 25 June 2018. 25 June 2018. https://web.archive.org/web/20180625110550/https://www.ipasdevelopmentfoundation.org/publications/gender-biased-sex-selection-and-access-to-safe-abortion-frequently-asked-questions-on-interlinkages.html. live.
  18. Web site: The National Consultation, 'Prioritizing Comprehensive Abortion Care for Women within NHM'. ipasdevelopmentfoundation.org. 25 June 2018. 25 June 2018. https://web.archive.org/web/20180625113625/https://www.ipasdevelopmentfoundation.org/publications/the-national-consultation-prioritizing-comprehensive-abortion-care-for-women-within-nhm.html. live.
  19. Web site: Availability of Medical Abortion Drugs in the Markets of Six Indian States. live. https://web.archive.org/web/20200817042945/https://pratigyacampaign.org/wp-content/uploads/2020/08/frhs-india-report-on-availability-of-medical-abortion-drugs-in-the-markets-of-six-indian-states-document.pdf . 17 August 2020 .
  20. Web site: An exploration of the socio-economic profile of women and costs of receiving abortion services at public health facilities of Madhya Pradesh, India. ipasdevelopmentfoundation.org. 25 June 2018. 25 June 2018. https://web.archive.org/web/20180625114922/https://www.ipasdevelopmentfoundation.org/publications/an-exploration-of-the-socio-economic-profile-of-women-and-costs-of-receiving-abortion-services-at-public-health-facilities-of-madhya-pradesh-india.html. live.
  21. Web site: Evaluating the relative effectiveness of high-intensity and low-intensity models of behaviour change communication interventions for abortion care-seeking in Bihar and Jharkhand, India: a cross-sectional study. ipasdevelopmentfoundation.org. 25 June 2018. 25 June 2018. https://web.archive.org/web/20180625112040/https://www.ipasdevelopmentfoundation.org/publications/evaluating-the-relative-effectiveness-of-high-intensity-and-low-intensity-models-of-behaviour-change-communication-interventions-for-abortion-care-seeking-in-bihar-and-jharkhand-india-a-cross-sectiona.html. live.
  22. Web site: 14 October 2018. Why Is Unsafe Abortion Still A Reality For Millions of Women in India? |. live. https://web.archive.org/web/20190513015003/https://feminisminindia.com/2018/10/15/unsafe-abortion-india/ . 13 May 2019 . Feminism in India.
  23. Web site: Preventing unsafe abortion. World Health Organization. en-US. 2 July 2018. 29 November 2017. https://web.archive.org/web/20171129043924/http://who.int/mediacentre/factsheets/fs388/en/. live.
  24. News: Abortion in Asia. 10 May 2016. Guttmacher Institute. 2 July 2018. en. 1 March 2018. https://web.archive.org/web/20180301061636/https://www.guttmacher.org/fact-sheet/facts-abortion-asia. live.
  25. Web site: HMIS Report. National Health Mission. 2 July 2018. 2 July 2018. https://web.archive.org/web/20180702175725/https://nrhm-mis.nic.in/hmisreports/frmstandard_reports.aspx. live.
  26. News: Unsafe Abortions Kill 10 Women Daily in India. Deccan Chronicle. 2 July 2018. 2 July 2018. https://web.archive.org/web/20180702181107/https://www.deccanchronicle.com/lifestyle/health-and-wellbeing/240117/unsafe-abortions-kill-10-women-daily-in-india-experts.html. live.