This bill was passed in March 2021 by the Rajya Sabha. The lower house passed the bill in 2020. This is an important bill to improve women's reproductive rights in India.
The Medical Termination of Pregnancy
Amendment Bill, 2021
The bill amends the MTP Act of 1971. This law regulates abortion in India. Amended
in 1975 and 2002. Abortion was previously illegal in India under Section 312 of
the Indian Penal Code.
A
registered medical practitioner may, under the MTP Act, 1971, medically
terminate a pregnancy:
- Pregnancy
of fewer than twelve weeks (for this, the opinion of one doctor was
required).
- Where
the pregnancy is over 12 weeks but not over 20 weeks. In this case, two doctors must agree that continuing the pregnancy would endanger the mother's mental and/or physical health, and/or that the child would be born with serious physical or mental disabilities.
- Minors
who wanted abortions had to get written consent from their guardians.
Proposed New Bill Features:
- The
Bill allows abortion up to 20 weeks based on one doctor's opinion.
- Two
doctors must agree to terminate a pregnancy between 20 and 24 weeks.
Exceptions include rape/incest victims, disabled women, and minors.
- Abortions
beyond 24 weeks are only permitted if there are significant foetal abnormalities.
- Only
gynecologists/obstetricians can perform abortions.
- A
woman's name and other details about her pregnancy termination will not be revealed, except to a person authorized by law.
- Abortion
to terminate pregnancies arising from rape must be obtained through a writ
petition if the gestation period exceeds 24 weeks.
Bill to amend MTP
In
the older act, there were some concerns that have now been addressed.
- The
MTP Act needed to be amended because it was out of date and did not reflect recent medical advances. Modern medicine permits late-term
abortions.
- The requirement that minors seeking abortions obtain written parental consent was also regressive. The new bill does not require it.
- Older
laws allowed quacks and unqualified people to run illegal abortion clinics, endangering many women's lives. The new amendments are expected to help address these issues and bring more abortions under the supervision of qualified medical practitioners.
The MTP Act, 1971 and MTP Amendment Bill, 2021
|
Time
since conception |
Requirement
for Abortion |
|
|
MTP
Act, 1971 |
MTP
(Amendment) Bill, 2021 |
|
|
Up
to 12 weeks |
Advice
of one doctor |
Advice
of one doctor |
|
12
– 20 weeks |
Advice
of two doctors |
Advice
of one doctor |
|
20
– 24 weeks |
Not
allowed |
Advice
of two doctors for some categories of pregnant women |
|
Exceeds
24 weeks |
Not
allowed |
Medical
Board in case of substantial foetal abnormality |
|
Any
time during pregnancy |
One
doctor if abortion is immediately necessary to save the pregnant woman’s life |
|
Bill 2021 – Benefits of Medical Termination of Pregnancy
(Amendment)
Below
are the intended benefits of passing the amendments.
- Many
foetal anomalies are discovered after the twentieth week. The new rules
would help in such cases.
- The new law allows rape victims, disabled women, and minors to safely terminate unwanted pregnancies.
- By
removing a regressive clause from the 1971 Act, unmarried women can now request abortions citing contraceptive failure as a reason.
- Giving
unmarried women the right to legally end an unwanted pregnancy while protecting their identities gives women reproductive rights.
MTP Amend Bill Issues
Some
concerns have been expressed about the new amendments. • Society still prefers
the male child, and there are a number of illegal clinics that provide sex
determination services. A more liberal abortion law could exacerbate the
problem of female foeticide.
- Terminating
a pregnancy too late may affect the fetus's viability. During viability,
the foetus can live outside the mother's womb. Modern medical technology improves viability.
- Despite
the new law, women may still have difficulty accessing safe abortions due to a doctor shortage.
- The
Bill's 20-week abortion cap is also arbitrary. Many foetal anomalies are discovered between 18 and 22 weeks when the foetus is considered fully developed. Abortion has an ethical dimension as well. Some belief the state must protect all life, including the unborn foetus.
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Nivethi Natarajan
