Date: 03/03/2023
Relevance: GS-2: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes.
Key Phrases: Medical Termination of Pregnancy Act, frontline healthcare providers (FLWs), ASHA workers, reproductive health, civil society organizations,
Context:
- The study Foundation for Reproductive Health Services, India (FRHS) has revealed that 95.5% of women were unaware of the amendment to the Medical Termination of Pregnancy Act 1971.
Key Highlights:
- The study was conducted in Delhi, Maharashtra, Rajasthan, and Uttar Pradesh, which found that only 68% of women considered the termination of pregnancy as a woman's health right.
- Additionally, every third woman interviewed was not sure or did not consider abortion as one of their health rights.
- Only 40% of women were aware that Medical Termination of Pregnancy was legal in India, while 24% of women thought MTP was "legal with certain conditions".
What are the Key amendments?
- Increasing the upper gestation limit from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women (differently abled women, minors, among others).
- The opinion of one provider is needed for the termination of pregnancy up to 20 weeks of gestation.
- Requirement of the opinion of two providers for the termination of pregnancy from 20-24 weeks of gestation.
- Upper gestation limit to not apply in cases of substantial foetal abnormalities diagnosed by a Medical Board.
- Confidentiality clause. The name and other particulars of a woman whose pregnancy has been terminated cannot be revealed except to a person authorised by law.
- Extended MTP services under the failure of contraceptive clause to unmarried women to provide access to safe abortion based on a woman’s choice, irrespective of marital status.
Key Concerns:
- What the study shows is a serious concern as it can lead to women being denied their rights or seeking unsafe and illegal abortions.
- The lack of awareness and acceptance of this right can lead to women being stigmatized or discriminated against for seeking abortions.
- There is a need for more open and honest conversations about abortion and reproductive health in the country.
- The study also found that frontline healthcare providers (FLWs)
and ASHA workers were largely unaware of the amendment to the MTP Act.
- This is a concern as FLWs are often the first point of contact for women seeking reproductive health services.
- The study revealed that amongst unmarried women, 50% mostly rely
on social media platforms and approximately 33% rely on teachers as a
key source of information.
- This highlights the importance of reaching out to young people through various platforms and channels, including social media and educational institutions.
Access to Safe Abortion is a Matter of Human Right
- Access to safe abortion services is a human right.
- Under international human rights law, everyone has a right to life, a right to health, and a right to be free from violence, discrimination, and torture or cruel, inhuman and degrading treatment.
- Human rights law clearly spells out that decisions about your body are yours alone – this is what is known as bodily autonomy.
- Forcing someone to carry on an unwanted pregnancy, or forcing them to seek out an unsafe abortion, is a violation of their human rights, including the rights to privacy and bodily autonomy.
- In many circumstances, those who have no choice but to resort to unsafe abortions also risk prosecution and punishment, including imprisonment, and can face cruel, inhuman and degrading treatment and discrimination in, and exclusion from, vital post-abortion health care.
- Access to abortion is therefore fundamentally linked to protecting and upholding the human rights of women, girls and others who can become pregnant, and thus for achieving social and gender justice.
Scenario in Other Countries
- Over the last 25 years, more than 50 countries have changed their laws to allow for greater access to abortion, at times recognizing the vital role that access to safe abortion plays in protecting women’s lives and health.
- Ireland joined that list on 25 May 2018 when, in a long-awaited referendum, its people voted overwhelmingly to repeal the near-total constitutional ban on abortion.
- Despite the trend towards reforming laws to prevent deaths and injuries, some countries, including Nicaragua and El Salvador, maintain draconian and discriminatory laws that still ban abortion in virtually all circumstances.
- In fact, according to the WHO, across the globe 40% of women of childbearing age live in countries with highly restrictive abortion laws, or where abortion is legal, is neither available or accessible.
- In these states, abortion is banned or only permitted in highly restricted circumstances, or if legal, is not accessible due to multiple barriers to access in practice.
- The WHO has issued technical guidance for states on the need to identify and remove such barriers.
Way Forward:
- The government, civil society organizations, and healthcare providers should work together to create a supportive and enabling environment for women to make informed decisions about their reproductive health.
- This can include
- providing accurate and reliable information,
- expanding access to safe and legal abortion services,
- and reducing stigma and discrimination related to abortion and reproductive health.
- There is a need for greater awareness and education on reproductive health and rights in India.
- Women should have access to accurate and reliable information about their options and rights, and should not be judged or shamed for their decisions.
- Healthcare providers and frontline workers should be trained and educated.
Source: The Hindu
Mains Question:
Q. Evaluate the role of frontline healthcare providers and ASHA workers in ensuring women's reproductive health rights are protected in India. What steps should be taken to increase their awareness and understanding of the Medical Termination of Pregnancy Act and its amendments? (250 Words).
