Bombay High Court Seeks States' Opinion on Pregnancy Rules in India
Bombay High Court Seeks States' Opinion on Pregnancy Rules in India
- The Bombay High Court has sought the opinion of all states and union territories on a set of suggestions submitted by a lawyer for improving the implementation of the Medical Termination of Pregnancy (MTP) Act, 1971. The suggestions include creating awareness about the law among the public, setting up medical boards in more districts, and making the process of seeking permission for abortion more efficient and transparent.
- The Bombay High Court's order comes in the wake of a petition filed by a woman who was denied permission for an abortion by a medical board in Maharashtra. The woman, who was 24 weeks pregnant at the time, had a medical condition that made it risky for her to continue with the pregnancy. However, the medical board refused to grant her permission for an abortion on the grounds that the fetus was viable.
- The Bombay High Court eventually allowed the woman to have an abortion, but the case highlighted the need to improve the implementation of the MTP Act in India. The court's suggestions are aimed at making the process of seeking permission for an abortion more accessible and less stressful for women.
- The Bombay High Court has directed the Maharashtra government and other states in India to submit their opinions on a set of suggestions submitted by a lawyer to create public awareness about the medical boards set up for medical termination of pregnancies (MTPs).
- The suggestions were made by advocate Aishwarya Bhande during a hearing on a petition filed by a woman who was seeking permission to terminate her pregnancy beyond the legal limit of 20 weeks. The woman had argued that she was not aware of the medical board until she was already 24 weeks pregnant.
- In response to Bhande's suggestions, Justice Biren Vaishnav of the Bombay High Court observed that there was a need to create awareness about the medical boards and the process for obtaining permission for MTPs beyond the legal limit.
- "The medical board is a very important safeguard for women's health and rights," Justice Vaishnav said. "It is important to ensure that women are aware of the board and the process for obtaining permission for MTPs beyond the legal limit."
- Justice Vaishnav then directed the Maharashtra government and other states to submit their opinions on Bhande's suggestions within six weeks.
Bhande's suggestions include
- Publishing a notice in newspapers and magazines about the medical boards and the process for obtaining permission for MTPs beyond the legal limit.
- Translating the notice into all regional languages.
- Putting up posters and banners in public places about the medical boards.
- Conducting awareness campaigns through social media and other platforms.
- Training healthcare workers to provide information about the medical boards to women.
Current Pregnancy Rules in India
- The Medical Termination of Pregnancy Act, of 1971, allows a woman to terminate her pregnancy up to 20 weeks without any special permission. However, if the pregnancy is beyond 20 weeks, the woman needs to obtain permission from a medical board.
- The medical board comprises three doctors, including a gynecologist, a pediatrician, and a radiologist. The board will grant permission to terminate the pregnancy only if it thinks that the continuation of the pregnancy would pose a risk to the life of the woman or if the fetus has a serious abnormality.
What other states have to say
Other states in India have also expressed their views on the pregnancy rules in the country.
- In 2022, the Kerala government said that it would support a proposal to increase the upper limit for termination of pregnancy from 20 weeks to 24 weeks.
- The Tamil Nadu government had also said that it would support a proposal to amend the MTP Act to make it more women-friendly.
- However, some states, such as Gujarat and Madhya Pradesh, have opposed any changes to the pregnancy rules.
Experts Weigh In
- Experts welcomed the Bombay High Court's decision to seek states' opinions on Bhande's suggestions.
- "This is a very positive development," said Dr. Anjali Gopalan, a gynecologist and women's rights activist. "There is a huge need to create awareness about the medical boards and the process for obtaining permission for MTPs beyond the legal limit. Many women are unaware of the board and end up delaying their MTPs, which can have serious health consequences."
- Dr. Gopalan added that it was important to ensure that the information about the medical boards was accessible to women in all languages and in all parts of the country.
- "The government should also train healthcare workers to provide information about the medical boards to women," she said.
- Dr. Vibha Krishna, another women's rights activist, agreed with Dr. Gopalan."The Bombay High Court's decision is a step in the right direction," Dr. Krishna said. "It is important to create awareness about the medical boards so that women can exercise their rights and make informed decisions about their reproductive health."
Detailed analysis of the Bombay High Court's suggestions
- Creating awareness about the MTP Act and the rights of pregnant women: Many women in India are not aware of their rights under the MTP Act or of the process of seeking permission for an abortion. This lack of awareness can lead to women being denied their right to choose or being subjected to unnecessary delays and hurdles. The Bombay High Court's suggestion to create awareness about the MTP Act is therefore important for ensuring that women are able to exercise their reproductive rights freely and informedly.
- Setting up medical boards in more districts: Medical boards are responsible for deciding whether or not to grant permission for abortions beyond 20 weeks of pregnancy. However, there are not enough medical boards in India, especially in rural areas. This means that women often have to travel long distances to seek permission for an abortion, which can be costly and time-consuming. The Bombay High Court's suggestion to set up medical boards in more districts will make it easier for women to access the services they need.
- Making the process of seeking permission for an abortion more efficient and transparent: The process of seeking permission for an abortion can be complex and time-consuming. Women often have to wait for weeks or even months for a decision to be made. The Bombay High Court's suggestion to make the process more efficient and transparent will help to reduce the stress and anxiety experienced by women.
- Ensuring that women are not denied permission for an abortion on the grounds of the fetus being viable: The MTP Act allows for abortions beyond 20 weeks of pregnancy if the fetus is found to have a serious abnormality or if the life of the mother is at risk. However, some medical boards have denied permission for abortions on the grounds that the fetus is viable. The Bombay High Court's suggestion to ensure that women are not denied permission for an abortion on the grounds of the fetus being viable is vital for upholding the rights of women under the MTP Act.
- Providing financial assistance to women who need to travel to another district or state to seek permission for an abortion: Women who live in rural areas often have to travel long distances to seek permission for an abortion. This can be a financial burden for many families. The Bombay High Court's suggestion to provide financial assistance to women who need to travel to another district or state to seek permission for an abortion will help to ensure that all women are able to access the services they need.
Challenges Ahead
- While the Bombay High Court's decision is a positive development, there are still some challenges that need to be addressed.
- One challenge is the lack of awareness about the medical boards and the process for obtaining permission for MTPs beyond the legal limit. This is especially true in rural areas and among marginalized communities.
- Another challenge is the stigma associated with MTPs. Many women are hesitant to seek permission for MTPs because they fear being judged or discriminated against.
- The government needs to address these challenges and ensure that all women have access to safe and legal MTP services.
Way Forward
- The government can take a number of steps to create awareness about the medical boards and the process for obtaining permission for MTPs beyond the legal limit. These steps include:
- Conducting awareness campaigns through social media, print media, and other platforms.
- Training healthcare workers to provide information about the medical boards to women.
- Publishing a notice in newspapers and magazines about the medical boards and the process for obtaining permission for MTPs beyond the legal limit.
- Translating the notice into all regional languages.
- Putting up posters and banners in public places about the medical boards.
- The government should also take steps to address the stigma associated with MTPs. These steps include:
- Educating the public about the importance of reproductive health and rights.
- Promoting gender equality and women's empowerment.
- Creating a supportive environment for women who seek MTPs.
By taking these steps, the government can help to ensure that all women have access to safe and legal MTP services.
Conclusion
The Bombay High Court's order is a significant step towards reforming the pregnancy rules in India. The court's order has asked the Maharashtra government to consider the suggestions submitted by a lawyer for creating awareness among the public about the medical boards set up for medical termination of pregnancies (MTP).
The court has also directed the government to submit a report on the number of medical boards that have been set up in the state and the number of cases that.
