Why India's Liberal MTP Act Fails To Safeguard Women's Right To Safe Abortion

Even after 50 years of the Medical Termination of Pregnancy Act, abortion has not been decriminalized in India. The law protects registered medical practitioners by establishing specific conditions under which medical practitioners can terminate pregnancies. It is safe to say that India's abortion law is more concerned with doctors than with women, and abortion is not a 'right.' Furthermore, because the MTP Act expressly states pregnant "women", abortion services are inaccessible to gender diverse identities who do not identify as women.

MTP Amendment Act 2021 was passed in 2021, with certain amendments to the MTP Act including all women being allowed to seek safe abortion services citing contraceptive failure regardless of marital status, an increase in gestation limit to 24 weeks for special categories of women, and the opinion of only one service provider required up to 20 weeks of gestation (It was two service providers before the amendment). The MTP Amendment Act also changed the word Husband to Partner, allowing unmarried women to obtain abortions legally. If a pregnant woman seeks abortion services from a government healthcare facility, the cost is fully covered by the government's Ayushman Bharat and Employees' State Insurance funds. Private abortion providers, on the other hand, charge based on the trimester. 

Despite India's relatively liberal abortion law, access to services is hampered by service provider bias and stigma. Still, many women resort to unsafe methods of abortion due to the fear of family finding out that they had an abortion, shame and stigma. Many young people do not even know that abortion is legal in India. Sometimes service providers ask for parent/husband's consent but in reality if the person seeking abortion is above the age of 18, they do not need anyone's consent to access an abortion. This is why HPC focuses more on creating awareness. What is the point of having a liberal law when people are not aware of it and not able to use it for their good? 

Hidden Pockets Collective (HPC) uses online spaces and social media platforms to raise awareness about the legal, medical, and psychological aspects of abortion. HPC runs digital campaigns in local languages, primarily targeting rural and underserved communities, to raise awareness about safe abortion services through workshops on sexual and reproductive health and rights, songs, podcasts, and radio. HPC is also present in international forums where abortion and women's health are discussed. We are currently focusing on the South Asia region and collaborating with organizations from the global south to ensure that abortion is available on demand to all pregnant people who do not wish to continue the pregnancy.

The group has been educating women and girls on reproductive health and rights in Bihar and Karnataka using the medium of radio and workshops. We have been working with our community to dispel myths around abortion. We use this community-level evidence to push for policy changes in Indian laws and lobby for more commitments by India at international treaties. 

(Athira Purushothaman is an Activist, Head of partnership and communications, Hidden Pockets Collective Trust. Views expressed are personal)