50 Years on, India’s Abortion Law Still Has Serious Gaps
The DiplomatIn the 50 years of its existence, India’s Medical Termination of Pregnancy Act has been amended only twice; once in 2002 and now recently in 2021. Studies on the role of the judiciary in access to safe abortion done by Pratigya, a network of individuals and organizations working toward enhancing women’s access to safe abortion care in India, point to the failure of the legal system to address what is a matter of human rights. Similarly, the reports on availability of medical abortion drugs done by Pratigya Campaign in the past shows that unavailability of medical abortion pills legally in the market is doing much disservice to pregnant women. Women’s right and access to abortion, which the MTP Act enables, have somehow become entangled in the fight against gender-biased sex selection. There is an urgent need to clear the prevailing misunderstanding among drug regulators and health officials about medical abortion drugs and sex selection, so that abortion pills are treated just like any other Schedule-H drug and are not singled out for additional scrutiny.