Abortion (miscarriage) means the premature expulsion of
the foetus from the mother’s womb at any time of
pregnancy, before full term of pregnancy is completed.
"Abortion" means the act of fetus coming out or taking it out of the
womb or before the fetus remained in the uterus born naturally.”
Natural
Spontaneous
Accidental
Artificial
Justifiable
Criminal
Defect in the ova Uterine fibroid
Developmental defect of the
Hypertension
foetus
Rh incompatibility Hormonal deficiency
Retroverted uterus
Medical
Prostaglandins
Antiprogesterone
Surgical
Vacuum aspiration(-0.4 to – 0.6 kg/sq. cm)
Suction evacuation and/ curettage
Dilatation and evacuation
Medical
Intrauterine instillation of hypertonic solutions
Surgical methods
Dilatation and evacuation
Hysterotomy
Hysterectomy
Ecbolics – ergot, strychnine, quinine.
Emenagogues – oestrogen, sanguinarine, borax, savin.
Genitourinary irritants – cantharides, oil pennyroyal, oil of turpentine, KMNO4.
Reflex uterine irritants – castor oil, croton oil, calomel, MgSO4.
Drugs having poisonous effects on the body – lead, arsenic, phosphorus, unripe
fruit of papaya, calotropis
General violence
Violent exercise
Cupping
Very hot and cold hip baths alternately
Local violence
Unskilled interference
Use of abortion stick
Instrumentation
Slippery elm bark
Abortion pastes – Utus paste
Enema syringe
During the first trimester
Vacuum aspiration
Dilatation of cervix and curettage
During the second trimester
Prostaglandins
Electric current(110 volts)
Vagal inhibition or reflex shock
Air embolism
Severe hemorrhage
Fat embolism
Amniotic fluid embolism
Septicaemia
Pyaemia
Toxic effects of abortifacients
General peritonitis
Tetanus
Hepatorenal failure
Bacterial endocarditis
Pulmonary embolism
Inconsistencies in legal provisions between the SMRHR Act
and the Penal Code(18 weeks)
a) Fetus (gestation) up to twelve weeks, with the consent of the pregnant woman,
b) Fetus (gestation) up to twenty-eight weeks, as per the consent of such woman,
after the opinion of the licensed doctor that there may be danger upon the life of
the pregnant woman or her physical or mental health may deteriorate or
disabled infant may be born in case the abortion is not performed,
c) Fetus (gestation) remained due to rape or incest, fetus (gestation) up to twenty-
eight weeks with the consent of the pregnant woman,
d) Fetus (gestation) up to twenty-eight weeks with the consent of the woman who is
suffering from H.I.V. or other incurable disease of such nature,
e) Fetus (gestation) up to twenty eight weeks with the consent of the woman, as per
the opinion of the health worker involved in the treatment that damage may
occur in the womb due to defects occurred in the fetus (gestation), or that there
is such defect in the fetus of the womb that it cannot live even after the birth, that
there is condition of disability in the fetus (gestation) due to genetic defect or
any other cause.
In other conditions, no person shall commit abortion or do any act
with intent to cause abortion with the knowledge that, or having a
reason to believe that such an act is likely to cause abortion. Further,
no person shall cause a pregnant woman to abort, by coercing,
threatening, alluring or inducing her to so abort.
Any person who commits the offence referred above shall be liable
to:
Up to 12 weeks imprisonment for a term not exceeding one year and
a fine not exceeding Rs 10,000
Between 12 and 25 weeks <3 years and < Rs 30,000
> 25 weeks <5 yrs and < Rs 50,000
In addition to this, if the pregnancy is not terminated with
attempts of abortion and the child is born alive but dies
immediately after birth as the consequence of such act shall,
such act shall be deemed to constitute the offence of
abortion.
More on punishment, if any act done by a person with
premeditation against a pregnant woman causes abortion (in
other words, if that person plans or conspires to abort), that
person shall be liable to the following punishment despite
that he or she has not done such act with the intention of
causing abortion:
Same as previous without fine
1) Except in the circumstance as referred to in Section 15, no one shall conduct or get
abortion conducted with an intention to get the abortion conducted or knowingly
or having reason to believe that the abortion can occur.
2) No one shall get the abortion conducted by coercing a pregnant woman,
threatening, enticing or tempting her.
3) If any of the following acts is committed, it shall be deemed to have got abortion
performed:
a) Getting abortion conducted pursuant to sub-section (2)
b) Miscarriage that occurs while something is done to the pregnant woman with
some enmity,
c) Making assistance to commit acts referred to in clauses (a) and (b),
4) While conducting abortion, in case the abortion does not occur instantly but a living
infant is born, and if the infant, which is born as a result of such an act dies
immediately, it shall be deemed to have got the abortion conducted for the purposes
of this Section.
1) No one shall commit or cause to be committed an act to identify the
sex of the fetus in the womb.
2) A pregnant woman shall not be pressurized or compelled or
intimidated or coerced or enticed or entrapped in undue influence
to identify the sex of the fetus.
3) Conducting abortion or causing it to be conducted, by identifying
the sex pursuant to sub-sections (1) and (2), is prohibited.
1) The licensed health worker who has fulfilled the prescribed standards and
qualification shall have to provide the pregnant woman with safe abortion service
pursuant to Section 15 in the licensed health institution.
2) Appropriate technology and process of the service to be provided as referred to in
sub-section (1) shall be as prescribed.
3) The pregnant woman who wants to obtain the safe abortion service shall have to
give consent in the prescribed format to the health institution which has obtained a
license, or to the health worker who has obtained a license.
4) Notwithstanding anything contained in sub-section (3), in the case of a woman who
is an insane, who is not in a condition to give consent instantly or who has not
completed the age of eighteen years, her guardian or curator shall have to give
consent.
5) Notwithstanding anything contained in sub-section (4), in the case of a woman who
is below the age of eighteen years, safe abortion service shall have to be provided
by considering her best interests.
1) Each Doctor, Health worker or Health Institution shall generally
follow the following technique while providing the service
a) For the pregnancy up to the twelve weeks period, Manual
Vacuum Aspiration (MVA), Electronic Vacuum Aspiration (EVA),
Pharmacological and Dilatation and Curates (D and C) ,
b) For more than twelve weeks period, in addition to the techniques
mentioned in clause (a),
i. Dilation and Evacuation (D and E) and any other technique
proved appropriate with the professional aspect.
ii. While providing service or counseling on the subject, a doctor
or while providing a service, a health worker shall also provide
the counsel service on the subjects of probable risk of physical
harm that may occur with technical point of view to the
concerned pregnant woman during the abortion, It's benefits,
alternatives and family health and family planning.
1) The licensed health institution or licensed health worker shall have to keep
confidential all records, information, documents related to reproductive health of
the pregnant woman and counseling and service provided to her.
2) Notwithstanding anything contained in sub-section (1) the records relating to
such information, document and counseling service may be made available on
the following conditions
a) If information is demanded by the investigation authority or court in course of
investigation and hearing of any lawsuit,
b) If it is required to quote without revealing identity of the related woman for the
purpose of study, research or monitoring relating to safe abortion,
c) If the woman concerned demands herself the records thereof.
