Most sections of MTP Act begin with “ Notwithstanding anything contained in the Indian Penal Code.”, clearly signifying that this was more of a protection for doctors conducting ‘medical terminations’ than a comprehensive abortion care for women, as the Committee had originally advertised. In contradiction to the Shantilal Shah Committee’s proposal of comprehensive abortion care for women, the MTP Act has few protections for women and more provisions for the protection of doctors conducting medical terminations. The law on ‘causing miscarriages’ continues as is and the punishments remain the same, i.e., imprisonment and/or fine.Īlso read: Minor rape victim’s right to abort outweighs foetus’ right to be born: Rajasthan High CourtĪbsence of choice for women in present law However, even when the MTP Act was introduced, the penal provisions weren’t nullified. The Committee’s recommendations eventually led to the passing of the MTP Act, 1971, which allows for only medical termination of pregnancies. The Committee carried out a review of the legal, medical and socio-cultural aspects of abortion and recommended legalised abortion and a law on comprehensive abortion care. At the time, abortions were strictly illegal under Section 312 of the Indian Penal Code, 1860, and ‘causing miscarriage’ of a woman was a crime punishable with imprisonment up to three years and/or a fine. The discussion on the need for an abortion law in India started in the 1960s around when the government set up the Shantilal Shah Committee to evaluate whether an abortion law was needed in the country.
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