Countries Abortion Profile |
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India |
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Countries Abortion Profile
Home > Country profiles > India
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India |
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1. Law related to Abortion | ||||||
The Indian Penal Code (Act No 45 of 1860) criminalized abortions and included severe punitive measures against the woman and the abortion provider. In an effort to reduce maternal deaths caused by septic abortions, the Shantilal Shah Commission was set up by the Government of India in 1966. Based on their recommendations, The Medical Termination of Pregnancy (MTP) Act was passed by the Parliament in 1971. Short summary of conditions within the law: When Pregnancies may be Terminated: Pregnancies not exceeding 12 weeks may be terminated based on a single opinion formed in good faith. In case of pregnancies exceeding 12 weeks but less than 20 weeks, termination needs opinion of two doctors . Mifepristrone (RU 486) & Misoprostol are approved for use up to 63 days gestation.
Analysis of it being restrictive if at all: The MTP Act does not permit induced abortions on demand. The responsibility rests with the medical practitioner to opine in good faith regarding the presence of a valid legal indication. Such a provider-dependent policy may sometimes result in denial of abortion care to women in need, especially the more vulnerable amongst them. ------------------------ [1] Government of India. The Medical Termination of Pregnancy Act, 1971. (Act No. 34 of 1971). Available from: http://mohfw.nic.in/MTP%20Act%201971.htm |
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2. Policy | ||||||
The MTP Act of 1971 has been an empowering act for the healthcare system and its beneficiaries, setting aside the application of the Indian Penal Code in certain well-defined situations. It allows clinicians to offer legal safe abortion services within well-defined limits. Even today, voluntarily ‘causing miscarriage' to a woman with child – other than in ‘good faith for the purpose of saving her life' is a crime under Section 312 of the Indian Penal Code, punishable by simple or rigorous imprisonment and/or fine.
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3. Second Trimester Abortion | ||||||
4. Practice | ||||||
MBBS doctors with postgraduate training or qualifications in gynecology and obstetrics, or those having completed MTP training programmes are recognized to perform MTPs. |
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5. Reproductive Health Perspective | ||||||
Although safe abortion access is legalized, it is not yet a right. India is signatory to ICPD, CEDAW with certain reservations. |
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6. Abortion Statistics | ||||||
Statistics: Unsafe abortions are among the major preventable causes of maternal morbidity and mortality in India. Most of the abortions are not reported and hence the available statistics of abortions in India are of varying reliability.
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7. Public sector | ||||||
1st and 2nd trimester abortion services should be available in all the public sector. However, in reality access to safe abortion is denied due to various reasons like lack of medical facilities, lack of doctor in those health centers where facilities are available etc.
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8. Private Sector | ||||||
Abortion services, 1st and 2nd Trimester, are available in easily available in the Private sector. Almost all specialist gynaecologists in the private sector will provide surgical abortion and medical abortions. |
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9. Methods used | ||||||
Methods used for abortion in the 1st trimester are dilatation and curettage (D&C), Electric Vacuum Aspiration (EVA), manual vacuum aspiration (MVA), Medical methods of abortion MMA with Mifepristone and Misoprostol. |
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10. Provider level allowed for surgical and medical abortion | ||||||
According to the MTP Act, pregnancies may only be terminated in the following settings.
Any procedure performed in a centre which does not have government approval is deemed illegal. In case of Medical methods for termination of pregnancy not exceeding 63 days, it may be prescribed by a registered medical practitioner, having access to a place approved by the Government for surgical and emergency back up when such is indicated. |
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11. Abortion related morbidity mortality statistics | ||||||
According to the Consortium on National Consensus for Medical Abortion in India, every year an average of about 11 million abortions take place annually and around 20,000 women die every year due to abortion related complications. Most abortion-related maternal deaths are attributable to unsafe abortions. |
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12. Manufacture and/or availability through import of abortion equipment (MVA syringes, EVA equipment) | ||||||
All abortion equipment is available in India. There are currently 20 brands of Mife-Miso being sold. The Combipack is also being sold since September 2009. |
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13. Manufacture/ import of Mifepristone, Misoprostol | ||||||
Neutral Various pharmaceuticals manufacture Mifepristone and Misoprostol. The tablets are made available as individual or as kits at the pharmacist. |
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14. Facility and provider certification norms in brief | ||||||
Pregnancies may only be terminated in the following settings.
For approval:
Any procedure performed in a centre which does not have government approval is deemed illegal. |
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15. Information available in national service delivery standards | ||||||
District hospital (first referral) level: ----------------- [3] India Development Gateway : Types of abortion services and where they are provided. Available at http://www.indg.in/health/womenhealth/abortion |
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16. Informal / illegal providers - if present who are they | ||||||
A large pool of informal providers meets the gap between demand for abortion services and the low availability in the formal sector. Informal providers include herbalists, faith healers, traditional birth attendants, even nurses or auxiliary nurse midwives, paramedics and unqualified persons (Dais, magicians, ozha and other indigenous providers). They may also include practitioners of Indian systems of medicine (ISM) including homeopaths and ayurvedic physicians, largely located in villages and small towns. |
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17. Population urban/ rural: Demography of the country, with an analysis of availability of abortion services ratio to population | ||||||
According to Abortion Assessment Project of India Report, of the total abortion facilities surveyed, public sector accounts for only one-fourth of the facilities. This low level of investment by the state in the context of large scale poverty limits access of women to abortion services.This is exacerbated by the fact that PHCs which are mandated by policy to provide abortion services are not doing it in any significant numbers, as most public facilities are either district, sub-divisional or rural hospitals. The availability of abortion facilities in both better and less developed regions is reasonably good at 4 facilities per 100,000 population with public facilities accounting for one-fourth of this. A large proportion of the legal providers are gynaecologists and a majority of them are female providers. |
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18. Role of government | ||||||
It encourages the promotion of family planning services to prevent unwanted pregnancies and at the same time recognises the importance of providing safe, affordable, accessible and acceptable abortion services to women who need to terminate an unwanted pregnancy. |
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19. Role of religion / religious leaders | ||||||
Hindu, Muslim, Christian, Sikh, Jewish, Jains, Buddhists all have conservative / orthodox elements that would be anti abortion. |
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20. Local Ob Gyn societes | ||||||
All Ob Gyns are taught abortion procedures as part of undergraduate and post graduate studies. |
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21. Current status and potential of research | ||||||
The MTP Act of 1971 did not provide abortion as a right to women. It expanded the permitted reasons for abortion in India, legalising abortion subject to the fulfilment of certain conditions. Abortion on any grounds other than those specified in the law is an offence punishable under the Indian Penal Code. |
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22. Awareness amongst community members | ||||||
Though abortion has been legal in India since 1971, the community is not aware about it and therefore most of them fall prey to unsafe illegal methods of abortion. More advocacy is needed to make community aware about this issue. |
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23. Role of member organization/ individual | ||||||
Asia Safe Abortion Partnership is a network of activists, providers, researchers and others who have a feminist perspective and alsoa rights based approach while focusing on women sexual and reproductive health and rights. Asia Safe Abortion Partnership-ASAP is an affiliate of International Consortium for Medical Abortion (ICMA) and has collaboration with various organi z ation s. |
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