7 Years Jail For Illegal Abortions: UP Rolls Out New Strict Guidelines For Doctors

The Uttar Pradesh Health Department has issued essential guidelines for the termination of pregnancies resulting from sexual violence or rape. These guidelines were issued to comply with an order from the Allahabad High Court in the case of X vs. State of Uttar Pradesh and Ors.

The new guidelines incorporate provisions from the national Medical Termination of Pregnancy (MTP) Act, 1971, and its associated rules from 2003. Partha Sarathi Sen Sharma, Principal Secretary of the Medical Health Department, stated that Standard Operating Procedures (SOPs) have been issued to all registered private and government hospitals that provide termination services under the MTP Act.

Strict punishment for violation of rules

These guidelines provide for strict punishment for those who violate the rules.

- If a doctor performs abortion without registration or at a non-determined place, he will be punished with rigorous imprisonment of two to seven years.

- The same punishment will also be given to the owner of the premises where abortion is done illegally.

Eligibility and time limit for abortion

The new SOP also clarifies the eligibility and conditions for abortion. In all these procedures, it will be mandatory to protect the identity and privacy of the woman or adolescent undergoing abortion.

Abortion up to 24 weeks: Abortion will be allowed up to 24 weeks in the following special circumstances:

- If the woman is a victim of sexual harassment or rape.

- If the pregnant woman is a minor.

- If the husband dies or gets divorced during pregnancy.

- In case of physical or mental disability.

- If a serious genetic disease is detected in the fetus.

- In situations of humanitarian crisis like disaster or emergency.

 Abortion after 24 weeks

If the pregnancy is more than 24 weeks, abortion will be allowed only if there is a serious threat to the life of the pregnant woman, there is a possibility of a serious impact on her physical and mental health, or the baby born is likely to be seriously ill.

For taking decisions in such cases, the formation of a state-level medical board at KGMU, Lucknow has been made mandatory. This eight-member board will be headed by the head of the Obstetrics and Gynecology Department of KGMU. The members of the board will include the heads of the departments of Pediatrics, Radiology (KGMU), Cardiology (SGPGI), Neurology (Lohia Institute) and Genetic Diseases (SGPGI).

Formation of district-level committee

A committee will also be formed at the district level, whose ex-officio chairman will be the Chief Medical Officer (CMO). This committee will include a gynecologist, an anesthetist, a surgeon, a local doctor as well as representatives of non-governmental organisations and Panchayati Raj institutions as members. The tenure of this committee will be two years.