RajyaSabha Passes Medical Termination of Pregnancy (Amendment) Bill 2021

By: WE Staff | Wednesday, 14 April 2021

The Rajya Sabha has passed the Medical Termination of Pregnancy (Amendment) Bill, 2021. The Bill that seeks to amend the Medical Termination of Pregnancy (MTP) Act, 1971 will enhance the reproductive rights of women in India.

The act covers abortions in India and was previously amended in 1975 and 2002. Earlier abortion was prohibited under Section 312 of the Indian Penal Code until the enactment of this legislation.

According to the MTP Act 2021, since many foetal abnormalities are detected only after the twentieth week of pregnancy, the bill permits abortion to be allowed up to 20 weeks in the opinion of just one medical practitioner.

To terminate pregnancies between 20 and 24 weeks, the opinion of two doctors is required.

This extension of the gestation period up to 24 weeks is given for special categories of women such as rape/incest victims, differently-abled women, and minors so that they can abort unwanted pregnancies safely and legally.

In a rare case, where the gestation period exceeds 24 weeks, the only manner would be through a writ petition and a state-level Medical Board which consists of a gynecologist, a pediatrician, a radiologist or sonographer, and any other member notified by the state government will decide if it can be permitted, in case of substantial foetal abnormalities.

The bill specifies that only doctors with specialization in gynecology/obstetrics have to perform abortions and the "name and other particulars of a woman whose pregnancy has been terminated shall not be revealed", except to a person authorized by law. This allows unmarried women the right to legally terminate an unwanted pregnancy with a provision to protect their identity which will ensure reproductive rights to women.

According to the MTP Act, 1971, a pregnancy may be medically terminated by a registered medical practitioner where the length of the pregnancy should not exceed twelve weeks (for this opinion of one doctor was required).

If in case the length of the pregnancy has exceeded twelve weeks but not exceeded 20 weeks, then for abortion to take place, it is a must to have an opinion of two doctors that the continuation of the pregnancy would impair the mental and/or physical health of the mother, and/or that if the child were to be born, it would suffer from serious physical or mental abnormalities causing it to be handicapped.

The law also required minor pregnant women to get written consent from the guardian for the abortion to be allowed.

In India, the statistics show that about 800,000 unsafe and illegal abortions are done every year. Any extension of legal and safe provisions for termination of pregnancy is welcomed, but the state needs to keep a watchful eye on sex-selective abortions.