Arjun Case SS: The Ugly Truth IMP Note Page 33, 13/11 - Page 13

Originally posted by: sashashyam

My dear Tina,

This is nice and systematic in all else, and it is progressingly very well.

But how can Aisha, a professional policewoman, say

"But abortion is illegal, it won't be easy to find where she got herself aborted,"?

It is totally inaccurate. The Indian Medical Termination of Pregnancy Act is one of the most liberal in the world, and permits abortions up to 12 weeks of pregnancy, for reasons linked to both the physical and mental health of the expectant mother, or the fear of the child being born gravely handicapped.

This period goes up to 20 weeks if 2 doctors agree on it for the same reasons. It has to be done in a recognised hospital.

Please see the relevant provisions below, it might be of interest. India is not like Ireland, where the doctors led Savita Halapannar die saying that they were saving her foetus.

See in particular the very woman-friendly provisions regarding rape cases and cases of failure of family planning methods. It is only in TV serials that abortion in India is treated as some sort of unforgiveable crime, which is no wonder seeing how regressive these serials are in general

This is of course a matter of detail which need not affect your story, for there could have been the fear of scandal associated with Reha going for an abortion in an open manner, but I think it would be good if you correct this point.

Shyamala Aunty

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Extract from the Indian Medical Termination of Pregnancy Act (1971) as amended in 2002

Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,-

(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or

(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are of opinion, formed in good faith, that-

(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or

(ii) there is a substantial risk that if the child were born, it would suffer from such
physical or mental abnormalities as to be seriously handicapped.

Explanation I.-Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

Explanation II.-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

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Originally posted by: sashashyam

No, Tina, his being married or her not being married to him has nothing to do with the MTP Act. A single woman can get an abortion under the mental and physical health clause.

The married woman part is only for the failure of family planning methods.

It would not have been illegal if Reha had gone on her own and got it done.But of course, despite the confidentiality clause, it cannot be guaranteed that it would stay a secret, for the hospital staff would all know and they might leak it.

This said, I am continually astonished at the irresponsible folly of young women who get themselves into these messy situations before marriage. It is the girl who is affected, and why can she not have a bit of commonsense?


Shyamala Aunty

Originally posted by: sashashyam

Yes, that would be covered by a sympathetic doctor under the mental health clause citing the trauma for an unmarried mother. It is a very woman-friendly, non-moralising and practical piece of legislation, and remember that this was done 42 years ago! We should really be proud of our Govt. and out MPs then.

I should add that unlike the case in Japan, abortion is not seen in India as a family planning method. Which is just as well, for it is always a strain on the woman, and can have repercussions later if not done properly.

After 20 weeks, it is ruled out, because the risk to the mother's life then would be too high.

Shyamala Aunty