Why women lose out as states are yet to deliver on pregnancy statute

Four cases, the first of a 25-week pregnancy with a fetal anomaly before the Bombay high court, the next of a 28-week pregnancy with a fetal congenital heart disease before the Delhi high court, the case of a 17-year-old rape survivor in her 22nd week of pregnancy before the Madurai bench of the Madras high court and the case of a 16-year-old rape survivor who was 26 weeks pregnant before the Telangana high court that came up in court in the first week of this year, have one common thread. In all these cases, the high courts have displayed unflinching constitutional commitment while treating as legally sacred the bodily autonomy and reproductive rights and choices of women.In the same breath, it also exposes the absence of affordable and accessible abortion. Women at such an advanced stage of pregnancy are constrained to approach the courts in spite of the amendment to the Medical Termination of Pregnancy (Amendment) Act, 2021, which enhances the upper gestation limit from 20 to 24 weeks for medical termination of pregnancy in respect of certain categories of women.Under the amended law, survivors of sexual assault or rape or incest, minors and certain other specified categories of women have been included under the classification of women for whom pregnancy is permissible beyond 20 weeks of gestation till 24 weeks. medium88827886Similarly, even in respect of cases pregnancy has weeks, the law provides that such termination is permissible on diagnosis of any substantial fetal abnormality diagnosed by a medical board.The act bestows on every state government or Union territory the responsibility to constitute a medical board that is tasked with the decision to allow or deny termination of pregnancy beyond 24 weeks of gestation while considering if the procedure would be safe for the woman and whether the fetal malformation has substantial risk of its being incompatible with life.The states, are however, yet to form such medical boards and this necessitates the women in need of such emergent termination of pregnancy to approach the courts when specific provisions in this regard have been made in the act.In Tamil Nadu, permanent medical boards have been constituted in April 2021 for handling cases referred by the courts, but have not been updated to be in tune with the amended law. Similarly, where the statute has provided for medical termination of pregnancy up to 24 weeks in respect of minors and survivors of rape, all that is required is the opinion of two registered medical practitioners and it is not necessary for the woman to approach the court.The case of the 22-week pregnant teen rape survivor could have been resolved much earlier under the provisions of the law, but she had to knock the doors of the Madras high court to terminate her pregnancy. Laws such as these usher in a progressive change, ensuring dignity, autonomy as well as confidentiality for women.The state is expected to play a proactive role in creating awareness among women so that they are abreast of their rights under the MTP Act and are not driven to seek judicial intervention where the law provides an easy mechanism for such medical termination of pregnancy. This will also ensure that they do not lose valuable time during gestation, which may jeopardise their health. medium88832698While the provisions of the amended legislation have brought in the long-awaited changes, a lacuna is that cases in which termination of pregnancy is permitted beyond 24 weeks have been limited to substantial fetal abnormalities, thereby taking out of its purview minors and rape survivors.The case of the rape survivor in her 26th week of gestation, before the Telangana high court, is an instance that serves to substantiate this infirmity. Further, one cannot be oblivious to the fact that every system has its own delays, and any technical limitation on the length of pregnancy for the purpose of termination cannot work in such a way as to constitute grave injury to the physical and mental health of a woman, especially when she has been violated or when she is a minor.This once again directs the focus on the need to sensitise women on their reproductive rights under the MTP Amendment Act, 2021 which aims at providing access to safe abortions without compromising on the health and privacy of women.Once states deliver on these promises and fulfil their obligations under this welfare legislation, it would effectively be able to ensure the reproductive rights of women.The writer is an advocate at the Madras high courtUntitled Carousel 88755801