A new order from Haryana’s Health Department, which makes it mandatory for all pregnant women to register during their first trimester, has raised privacy concerns. It also seems to conflict with existing laws on abortion and may lead to unintended consequences, such as women seeking unsafe abortions outside the official healthcare system.
The two-week-old order issued by the Director General of Health Services (DGHS) aims for 100% registration of pregnant women. Currently, only 50-80% of women across various districts are registered. The order requires ultrasound centers to register women before conducting any scans. If they fail to comply, they will receive a notice.
While the Indian Medical Association (IMA), Haryana, praised the order for improving antenatal care and reducing pregnancy loss in the early stages, it also raised concerns. The IMA argued that the order conflicts with the Medical Termination of Pregnancy (MTP) Act, which guarantees a woman’s right to make decisions about her reproductive health, without needing permission from her husband or a guardian, as long as she is not a minor.
Privacy Concerns Several experts have criticized the order for being rushed and not fully considering its consequences. Ajay Mahajan, former president of IMA Haryana, pointed out that the MTP Act protects the privacy of women who undergo abortions by keeping their information confidential. He worried that local auxiliary nurse midwives (ANMs) who are responsible for registering pregnant women might inadvertently leak sensitive information, especially about unmarried women or those seeking an abortion. This could push them to seek unsafe abortions from unqualified practitioners, putting their health and lives at risk.
Mahajan suggested that the order could be amended to exempt women from registration during the first 14 weeks, as sex determination isn’t possible at that stage. He also proposed allowing self-registration or registration through doctors at both private and government hospitals.
Suggestions for Change Dr. Ritu Jain, an infertility specialist in Gurugram, shared similar concerns about the order’s impact on privacy. She said mandatory registration could lead to easy tracking of women’s pregnancies, which could be an issue for those who want to keep their pregnancies private. These women might avoid official care and turn to unqualified practitioners due to fears of their information being exposed. Dr. Jain recommended that the government exempt certain categories of women from registration to address privacy issues.
Gynecologist Jyoti Yadav also spoke out in favor of protecting pregnant women’s right to privacy. She noted that the MTP Act allows abortions up to 20 weeks, and the government should not require registration during this period. She also suggested regulating the sale of MTP kits at pharmacies to reduce sex-selective abortions.
Amit Mishra, a criminal lawyer, highlighted the importance of protecting women’s privacy under the MTP Act. He stressed that the law ensures confidentiality and prohibits medical practitioners from disclosing personal details without proper authorization. Mishra recommended allowing pregnant women to apply for the RHC ID, which would help protect their privacy and personal information.
Mishra also pointed out that in Delhi, doctors ensure confidentiality by using Form F for ultrasound scans, preventing unauthorized access to personal information. While acknowledging the good intentions behind the order, he expressed concerns about its practical implementation and potential issues.