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On 24 June, the landmark Roe vs Wade ruling was overturned by the US Supreme Court, allowing states to severely limit and outright ban abortion access. Several protests broke out in the US, and people worldwide expressed their anger and offered solidarity to all the abortion seekers.
In India, people took to social media platforms to express relief and pride for being a country that has legalised termination of pregnancies – till 24 weeks of gestation period.
However, does legalisation equate to the absolute right to abortion? Does it mean that in India, abortion is readily and easily accessible?
India legalised certain abortions in 1971 under the Medical Termination of Pregnancy (MTP) Act. The MTP Act is generally perceived as a liberal and progressive law. However, despite being 50 years into the enactment, our legal framework, and social setting, continue to make abortion a privilege.
The conflation of the act with other laws, such as the Protection of Children from Sexual Offences Act (POCSO) and Pre-Conception and Pre-Natal Diagnostic Techniques Act (PCPNDT), pose another barrier that enables uninterrupted access to reproductive justice.
For example, in Punjab, where the cases of pre-natal sex- determination continue to be a challenge highlighted by the state authorities, the stringency of one law adversely affects unconditional access to pregnant persons.
Posters in government clinics and offices highlights ‘abortion’ as an issue instead of son preference and sex-determination being the issue to target on. Such messaging strengthens the social stigmatisation of abortion.
Similarly, under POCSO it is mandatory to report any instance of child sexual abuse. This has resulted in making sexual and reproductive health service access like HIV testing or abortion to people below 18 years difficult.
Within the MTP Act, the usage of ‘women’ and not ‘pregnant persons’ is the exclusion of queer and trans* community from the current abortion discourse, thereby perpetuating harmful medical and social practices.
In one of the studies conducted by The YP Foundation to understand the perception on abortion, the tea-garden community from Assam shared how the majority rely on local midwives for abortion.
With the district hospital being far from the community and a costly affair, the hospitals are an option only when it comes to emergencies and health crises. The midwives induce abortion through vigorous massages, which puts the health and life of the pregnant person in danger.
The MTP (Amendment) 2021 Act extended the services to unmarried and single women on the ground of contraceptive failures, and the consent of the pregnant person to seek abortion. However, in practice, doctors continue to seek spousal or guardian consent, and stigmitising pre-marital sex.
In the last one year, the YP Foundation has also conducted audits of health facilities offering abortion services by young people and noted the lack of legal knowledge among service providers remains a significant barrier to the effective implementation of the MTP Act.
Past studies have also highlighted that intersection of caste also being one of the reasons for denial of services.
For example, a backward caste married woman from a traditional fisherfolk community of Kerala told the YP Foundation that she had repeatedly sought abortion services at a government facility only to be denied. She was instead advised to continue with the pregnancy as it was a ‘blessing from God’ since the conception was a result of contraceptive failure.
Bodies are often sites of oppression. We know now that approximately 50 percent of abortions in India are estimated to be unsafe. At least 20 percent of maternal deaths is attributed to unsafe abortions – making it the third-most common reason behind such deaths.
We have made some inroads with the law being in force in India, but we cant ignore the lacunae in access, bias of service providers, and affordability.
In 2020, The Guttmacher Institute showcased that “abortion rates are similar in countries where abortion is restricted and those where the procedure is broadly legal (i.e., where it is available on request or on socioeconomic grounds)” – also indicating the availability of services does not often mean accessibility to services.
The inability to access government-approved and affordable health facilities sustains unsafe and alternative methods to prevail. For many young people, financial cost implications have a direct bearing sometimes on their decision to choose to continue their pregnancy.
In India, where we have direct cash transfer schemes and other financial covers in the form of insurance and pre-post natal care for pregnant persons, there are no such coverages for people who choose to willingly terminate the pregnancy.
While we acknowledge the prevalence of law in our country, we cannot stop at this stage as access to abortion is not absolute. Anyone who has worked on ground can tell you that societal pressure, insensitivity of medical practitioners, making the law almost exist just on paper and not on ground.
Its time we change this narrative – and not just demand safe abortion for everyone, but also recognition of the pregnant person's right to choose – above everything else.
(Vinitha Jayaprakasan works in the Safe Abortion for Everyone (SAFE) programme at The YP Foundation. Prabhleen Tuteja is a feminist leading The YP Foundation. Their organisation focuses on conducting evidence-based research and capacitating young individuals in abortion rights advocacy. This is an opinion article and the views expressed are the author's own. The Quint neither endorses nor is responsible for them.)
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