This post is a satire to protest against the current environment where everyone thinks they have the right to control women’s bodies while taking no responsibility whatsoever for ensuring her autonomy or safety and making progress towards greater fulfilment of the human rights of all citizens. Specifically it is a reaction to the suggestions to restrict women’s access to safe abortion and to highlight the absurdity of trying to do so. https://scroll.in/pulse/844023/a-maharashtra-committee-wants-to-restrict-access-to-even-all-abortions-even-legal-ones
The rationale of trying to ‘solve’ the sex ratio by restricting abortion access instead of changing patriarchal cultural mindset and inclusive gender strong economic and other policies, is a script from the theatre of the absurd. ( more on that in a later post!)
This new ‘law ’has been written using the framework of the Medical Termination of Pregnancy Act 1971. http://tcw.nic.in/Acts/MTP-Act-1971.pdf
The Creation of Pregnancy Act, 2017
An Act to provide for the creation of certain pregnancies by approval of registered medical practitioners and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventieth Year of the Republic of India
- 1. Short title, extent and commencement.-
(1) This Act may be called the Creation of Pregnancy Act, 2017
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
- Definitions.-In this Act, unless the context otherwise requires,-
(a) “guardian” means a person having the care of the person of a minor or a mentally incapacitated person (unless the said guardian is also incapacitated due to influence of undue power as adults, or alcohol, drugs or irrational religious and cultural beliefs, in which case the kids will do fine on their own, thanks.)
(b) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be deemed not to have attained his/ her majority, which could be age 15, 16, 17, 18 or 25 depending on which law you refer to in terms of age at marriage, age for voting, age for consent for sex, age for alcohol consumption.
- When Pregnancies may be Created by the approval of registered medical practitioners.-
(1) Notwithstanding anything contained in the Indian Penal Code (99 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is created despite his/ her denial of approval in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be allowed to be created by the approval of a registered medical practitioner,-
(a) where the length of the relationship does exceed twelve months if not legally recognized as a marriage,
(b) where the length of the relationship does not exceed twelve months but has been certified by not less than two registered lawyers, or any approved state authority along with a testimony from the immediate family from both sides.
Of opinion, formed in good faith, that,-
(i) the creation of the pregnancy would not involve a risk to the life of the pregnant woman or of grave injury physical or mental health , including any incidents of physical or sexual violence, emotional abuse, demands for dowry and financial aid from the woman’s family;
(ii) there is a substantial proof that if the child were born, it would be a loved and wanted child no matter what the sex or intelligence and would be provided food, medical care, complete school education and not be sent for paid or unpaid employment before the age of 18.
(iii) there is assurance that the pregnant woman can continue her education, avail of paid maternity leave if employed, money and transport being made available for antenatal and delivery care as well as State funded childcare, equal domestic responsibility shared by the male partner till the child so born is 18.
No pregnancy shall be allowed except with the consent of the pregnant woman.
Unless of course as per sub clause ‘Catch 22’ the government declares a state of emergency and for the cause of national security and the protection of democracy and ‘our culture’ requires the greater production of newborns of a particular caste, class, religion, tribal group or sex.
- Place where pregnancy may be allowed–
No creation of pregnancy shall be made in accordance with this Act at any place other than,-
(a) a pregnancy creation facility established or maintained by Government, or
(b) a place for the time being approved for the purpose of this Act by Government.
Pregnancies created in private locations outside of these will NOT be recognized and considered null and void.
- Any male or female citizens of India found having sexual relations (which can lead to a pregnancy) without a written approval form FU2 being submitted to the local authority at least 24 hours in advance notice of such an act (and 48 hours prior to national holidays and bank closing days), shall be liable to punishment under the provisions of this Act.
Furthermore, if this is a repeat offence, the male partner shall be held in a government approved facility for 2 weeks and undergo a non- scalpel vasectomy before release.
Scribbled notes on last page from one committee member to another:
” Behenji, why you are inserting these absurd pictures into the document ?? Why you are interfering with the process?? You are very new to this cummatee no….Are you secretly from an anti- national NGO or what ??! “
“Well, Sirjee, I was just thinking, considering it is 2017 and all that….what if we don’t worry about either the creation or termination of a pregnancy but let women decide since it is their body and their life that gets affected either way ? Then we can focus our energies and programmes on preventing child marriage, rape, dowry deaths, ensuring gender equality, equal property rights, paid maternity leave……….you know ?”
Reply from other committee member: