The Hindu : Govt. told to stop free sale of abortion pills

Online edition of India's National Newspaper
Monday, Mar 22, 2004

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Other States - Rajasthan

Govt. told to stop free sale of abortion pills

By Our Special Correspondent

JAIPUR, MARCH 21. The Rajasthan State Human Rights Commission has directed the State Government to stop free sale of Mifepristone preparations, used for termination of pregnancy, over the counter at the drug stores in violation of the Medical Termination of Pregnancy (MTP) Act.

The MTP Act permits abortion up to 20 weeks of gestation only on fulfilling the conditions such as termination by approved doctors at the authorised centres after the stipulated certification by the physician and under strict compliance, monitoring and surveillance so as to avoid the life-threatening complications.

The Commission, giving the directions on Saturday on a petition filed by a medical activist, S.G. Kabra, stated that the preparations should not be sold on the prescription of "any'' registered medical practitioner and asked the Government to ensure that Mifepristone and Misoprostol were dispensed only on the prescription of doctors approved for MTP and working at the centres and hospitals approved by the Director of Health Services.

In a stern directive, the Commission -- headed by the former Supreme Court Judge, Justice Syed Sagheer Ahmed -- asked the State Government to prosecute the drug manufacturers, medical practitioners and retailers found violating the provisions of the MTP Act and the Drugs and Cosmetics Act, by initiating "appropriate criminal action'' against them.

The Commission, in its 11-page order, observed that causing miscarriage was an offence punishable under Sections 312 to 316 of the Indian Penal Code. The copies of the order have been sent to the Chief Secretary, the Medical and Health Secretary, the Drug Controllers of the Centre and the State, and the Medical Council of India for implementation.

Dr. Kabra, in his petition, had pointed out that Mifepristone pills were freely sold over the counter and were being misused and abused, against the provisions of the MTP Act requiring the abortion to be carried out only at the recognised centres where necessary facilities, including that of blood transfusion, were available.

"On account of free sale of this drug, anybody can purchase it and give it to pregnant women especially in rural areas where many women have died following excessive bleeding and other complications,'' Dr. Kabra said. Mifepristone is often combined with Misoprostol to expel the dead foetus from the body.

Dr. Kabra cited the Year Book of Family Welfare in India -- an official publication -- to point out that over 4 lakh registered abortions were done every year in the country and Rajasthan accounted for about 40,000 of them. "But illegal abortions in all parts of the country far exceed the reported numbers,'' he said.

The Commission had earlier issued notice to the State Drug Controller on the petition and he admitted in his reply that some drug shops in Kota, Banswara and Jhalawar had been found selling Mifepristone without the prescription of gynaecologist. He stated that he had taken steps to prevent the over-the-counter sale of the drug.

However, the Commission was not satisfied with the Drug Controller's reply and observed that mere issuing of instructions was not enough. It also took note of Dr. Kabra's assertion that the fact of criminal interference with the women's body was not recorded or reported when they were treated for life-threatening complications in regular hospitals after the drug was administered.

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