British lawmakers are considering changes to abortion laws to prevent women from being prosecuted for ending their pregnancies. 

• Two amendments to a broader crime bill were introduced in the House of Commons, seeking to decriminalize abortion at any stage of pregnancy.  
• In last five years, over 100 women faced abortion-related probes, including cases of miscarriage, sparking concern over outdated laws. 
  • Some were prosecuted for using abortion pills past the 24-week limit.

Key Proposals

• Decriminalization for Women (Tonia Antoniazzi’s Amendment): Would prevent women from being prosecuted for ending their own pregnancies at any stage.  
  • Aims to protect vulnerable women from criminalization.  

Protection for Medical Professionals: A second amendment would shield doctors and others who assist in abortions from prosecution.  

What is Abortion?

• Abortion is the termination of a pregnancy, resulting in the removal of an embryo or fetus.
• It can be carried out using medication or through a surgical procedure, depending on the stage of pregnancy and the individual’s health condition.

Abortion Laws in India

• Legal Framework: The Medical Termination of Pregnancy (MTP) Act, 1971 governs abortion laws in India, allowing termination under specific conditions.  
• The MTP Act, 1971 was introduced to liberalise access to abortion and prevent women from resorting to unsafe methods.
• It created exceptions to the general criminal prohibition under Section 312 of the Indian Penal Code (IPC), which criminalises causing miscarriage.
• It was amended in 2021 to extend gestational limits and include more categories.  

Key Provisions under MTP Act (1971) after 2021 Amendment

• Up to 20 weeks of pregnancy: Abortion allowed with the opinion of one Registered Medical Practitioner (RMP).
• 20 to 24 weeks: Requires opinions of two RMPs, and is restricted to specific categories of women.
• Beyond 24 weeks: Only allowed if a medical board confirms substantial foetal abnormalities.  
• • Courts can intervene in exceptional cases (e.g., rape survivors, health risks).  

Categories Eligible for Abortion up to 24 Weeks

• Survivors of rape, sexual assault, or incest.
• Minors.
• Change in marital status during pregnancy (e.g., divorce or widowhood).
• Women with major physical disabilities (as per the Rights of Persons with Disabilities Act, 2016).
• Mentally ill women.
• Foetal malformation that is life-incompatible or causes serious handicap.
• Women in humanitarian, disaster, or emergency settings as declared by the government.

India’s Stance Compared to Global Laws

• More progressive than many countries (e.g., no blanket bans like in some U.S. states).  
• Pro-choice tilt: Courts often prioritize women’s autonomy over foetal rights.  

Issues with the abortion Law in India

• Exclusion of Unmarried Women: The law does not explicitly include unmarried women in the 20-24 week category.  
  • Judicial intervention has been needed (e.g., SC allowed a 24-week abortion for an unmarried woman in 2022).  
• Doctor-Centric, Not Woman-Centric: The MTP Act is a “provider protection” law, shielding doctors from criminal liability rather than guaranteeing women’s rights.  
• Fetal Viability Debate: Courts sometimes consider fetal viability (~24 weeks) when denying late-term abortions.

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