In a recent noteworthy development, the Delhi High Court authorized the medical termination of a woman’s pregnancy who was in her 22nd week of gestation due to severe abnormalities detected in the fetus. The subject of gestation signifies the period of fetal development starting from conception until birth. According to the Medical Termination of Pregnancy (MTP) Act prevalent in India, there is a strict cap of 20 weeks for terminating pregnancies. Any abortion beyond this stipulated time frame is legally forbidden.
Understanding the MTP Act
The MTP Act was passed in 1971 as a response to advancements in medical science concerning safer abortions. This act aimed at ensuring universal access to reproductive health services and was an important step towards empowering women by providing comprehensive abortion care. The government introduced an amendment to this act in 2021, further expanding access to legal and safe abortion services on therapeutic, eugenic, humanitarian, and social grounds. This amendment aimed to cater to the universal need for comprehensive care.
The MTP Amendment Act, 2021: Key Provisions
This new amendment introduced several key provisions. One such provision allows the termination of pregnancy up to 20 weeks due to the failure of contraceptive methods or devices by both married and unmarried women. Another provision requires the opinion of registered medical practitioners (RMP) to determine the need for abortion. For gestation periods up to 20 weeks, one RMP’s opinion will suffice. For pregnancies between 20-24 weeks, two RMPs need to opine. Beyond 24 weeks, the state-level medical board’s opinion becomes necessary if substantial fetal abnormalities are detected.
Specified Gestation Limit and Confidentiality
The MTP Amendment Act 2021 raises the upper gestation limit to 24 weeks from the earlier 20 weeks, exclusively for special categories of women, including incest victims, rape survivors, and other vulnerable women. Furthermore, one of the act’s significant aspects is its stress on confidentiality. It strictly prohibits revealing any personal details of the woman who has undergone an abortion, except to an authorized person prescribed by law.
Significance of The Act
The upgraded law plays a crucial role in reducing preventable maternal mortality, thereby aiding the achievement of Sustainable Development Goals (SDGs) such as 3.1, 3.7, and 5.6. While SDG 3.1 revolves around bringing down the maternal mortality ratio, SDGs 3.7 and 5.6 focus on facilitating universal access to sexual and reproductive health and rights. These amendments aim to widen the scope and access of women to safe abortion services, thereby ensuring their dignity, autonomy, confidentiality, and justice.
Controversies Surrounding the Issue
Though the amended act is a significant reform, it has also sparked debates. One viewpoint understands pregnancy termination as an exercise of the woman’s reproductive rights. In contrast, the opposing viewpoint argues that the state should provide fetus protection as part of its obligation to preserve life.
Apart from this, there are several other issues with this act. Firstly, it allows abortion beyond 24 weeks only if a Medical Board identifies significant fetal abnormalities. This means a rape victim with a pregnancy exceeding 24 weeks can only seek legal recourse through a Writ Petition. Another issue is that the act mandates that only gynaecologists or obstetricians can perform abortions. Considering the 75% shortage of such specialists in rural community health centers, it adversely affects women’s access to safe abortion facilities.
The Path Forward
While the government’s decision to amend the MTP Act deserved appreciation, considering India’s diverse cultures, traditions, and schools of thought, it still places several conditionalities on women seeking an abortion. Even after the Supreme Court recognized women’s constitutional right to make reproductive choices under Article 21 of the Indian Constitution in Justice K.S. Puttaswamy (Retd.) vs Union Of India And Others (2017), the power dynamics between doctors and women seeking an abortion did not change much. The government needs to ensure that all healthcare institutions follow standard norms and clinical practice protocols for conducting abortions. This issue should be approached considering human rights, solid science principles, and technology advancements. Now that the amendment has been enacted, it reaffirms India’s commitment to addressing women’s issues more assertively than ever before.