Open Access Research Article
THE MEDICAL TERMINATION OF PREGNANCY ACT AND THE RIGHT OF TRANSGENDER COMMUNITY
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Article Details
THE MEDICAL TERMINATION OF PREGNANCY
ACT AND THE RIGHT OF TRANSGENDER COMMUNITY
AUTHORED
BY - HARRIS M FAZAL,
LL.M IN CRIMINAL LAW IN GOVERNMENT LAW
COLLEGE,
ERNAKULAM
ABSTRACT
The Medical Termination of Pregnancy (Amendment) Act,
2021 alters the MPTA 1971 to raise the upper limit for abortion
from 20 to 24 weeks for certain types of women.
The Amendment raises the upper gestation limit
from 20 to 24 weeks for particular groups of women,
which would be described in the MTPA 2021 and would
include rape survivors, incest victims,
and other vulnerable women (such as differently – abled women,
minors), among others.
But, one of the limitations of this act is that it is not discussing about the
right of the transgender community. This article
throws light into the current
status of the rights of transgender community on the basis of MTP Act, 2021.
INTRODUCTION
The Medical
Termination of Pregnancy
(MTP) Act, 2021 is a significant
development in the Indian legal system as it empowers women to make informed choices about their reproductive health. However, one of the lesser-discussed
aspects of the act is its impact on the rights of the transgender community.
For years,
the transgender community
in India has faced discrimination and marginalization in every aspect
of their lives,
including healthcare. Access to reproductive health services,
including safe abortion, has been a challenge for transgender people
due to a lack of understanding and sensitivity
among healthcare providers.
The
MTP Act, 2021, which was passed by the Indian parliament in March 2021, has the potential to change this.
The act expands
the scope of legal abortion
services in India, allowing women to terminate
pregnancies up to 20 weeks gestation for a broader range of reasons, including
contraceptive failure, fetal anomalies, rape, and incest.
MTP ACT, 2021 AND TRANGENDER COMMUNITY
For the transgender community, the new law can be especially significant. Transgender people often face unique reproductive
health challenges, including
unwanted pregnancies resulting
from sexual violence or lack of access to
contraception. The MTP Act, 2021, can help
ensure that transgender individuals have the same rights as other women to access
safe and legal abortion
services.
Moreover, the new law recognizes the rights of all individuals to make decisions about their bodies and
reproductive health, irrespective of gender identity.
This is a crucial step in
the fight for transgender
rights in India, as it acknowledges their right to bodily autonomy
and reproductive freedom.
The MTP Act, 2021, is also significant for transgender individuals who undergo gender-affirming surgeries, as it recognizes that such surgeries may result in the loss of reproductive capacity. The law
allows for termination of pregnancy beyond the 20-week
limit if it is necessary to save the life of the pregnant
person or if the pregnancy is likely to result in severe physical
or mental abnormalities.
However, while the MTP Act, 2021, is a step in
the right direction for transgender rights,
it is crucial to ensure
that it is implemented in a way that
is inclusive and non-discriminatory. Healthcare providers must be trained to provide sensitive and
non-judgmental care to transgender individuals seeking abortion services.
Additionally, the government must take steps to ensure that transgender individuals have access to affordable and
comprehensive healthcare services, including
contraception, and comprehensive sexual education.
CASE LAWS
Certainly,
here are some relevant citations and case laws related to the Medical Termination of Pregnancy Act 2021
and transgender rights:
NALSA vs. Union of India,[1] In
this landmark case, the Supreme Court of India recognized the rights of transgender persons
under the Constitution, including the right to
self-identify their gender. The case declared the right of the transgender community to gender identification outside
of the gender binary, and introduced legal protections for the third gender. I t recognised the ongoing violation of rights of
transgender persons under Article 14,15,16,19 and 21 of the Constitution and laid down several
guidelines for State and Central Governments to accord actualisation of rights to transgender persons,
K.S. Puttaswamy (Retd.) vs. Union of India,[2] the
Supreme Court of India recognized the
right to privacy as a fundamental right under the Constitution, which includes the right to make decisions about
one's own body and reproductive choices.
XYZ vs. Union of India[3],
the Delhi High Court allowed a transgender person to undergo a sex reassignment surgery and directed
the government to recognize
their gender identity and provide them with all the benefits of a transgender person.
CONCLUSION
The
MTP Act, 2021, is a significant development in the Indian legal system that has the
potential to improve access to safe
and legal abortion services for women and transgender individuals.
However, it is crucial to ensure
that the law is implemented in an inclusive and non- discriminatory manner, and that transgender individuals have access to comprehensive
healthcare services that meet their unique reproductive health needs.
Article Information
THE MEDICAL TERMINATION OF PREGNANCY ACT AND THE RIGHT OF TRANSGENDER COMMUNITY
Authors: HARRIS M FAZAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/11
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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