Article:
The Rajya Sabha recently approved the Medical Termination of Pregnancy (Amendment) Bill, 2020, which initially passed in the Lok Sabha last March. This key piece of legislation seeks to amend the Medical Termination of Pregnancy Act, initially established in 1971.
Key Provisions of the Amendment
The amendments proposed to the original Act have several notable provisions:
The first one is the extension of termination due to failure of contraceptive method or device to unmarried women. Previously, this allowed only married women to terminate a pregnancy up to 20 weeks. The Bill aims to widen its scope to also include unmarried women.
The second provision relates to the medical opinions required for terminating a pregnancy. For pregnancies up to 20 weeks of gestation, the Bill reduced the required number of registered medical practitioners from two or more to just one. For pregnancies of 20-24 weeks, the opinion of two practitioners is necessary, whereas beyond 24 weeks, the state-level medical board’s approval is essential if there are significant foetal abnormalities.
Medical Boards and Confidentiality
Each state government must set up a Medical Board comprised of a gynaecologist, a paediatrician, a radiologist or sonologist, and any other members as deemed necessary by the state government.
An additional provision in the Bill guarantees confidentiality. The identity of a woman who has undergone pregnancy termination should not be revealed unless required by an active law enforcement procedure.
Furthermore, the Bill raises the upper gestation limit for special categories of women from 20 to 24 weeks. These special categories, defined in the MTP Rules amendments, include survivors of rape, victims of incest, and other vulnerable women like differently-abled women and minors.
Previous Scenario and Benefits of the Amendment
Before the 1971 Act, Section 312 of the Indian Penal Code, 1860, criminalized abortions, defining them as intentionally ‘causing miscarriage’.
The recent amendment is beneficial on several fronts. It allows for termination in cases of late-detected foetal anomalies and assists special category women including rape victims, ill or underage women in terminating unwanted pregnancies lawfully. Moreover, single women are now not restricted from citing contraceptive failure as a justification for seeking an abortion, thus relaxing one of the regressive clauses of the 1971 Act.
Challenges to The Amendment
Despite these benefits, the amended Bill faces several challenges. The viability of the foetus, defined as its ability to survive outside the womb, is a significant issue. With improved prenatal technology, this viability is occurring earlier, possibly conflicting with late pregnancy terminations.
There are concerns that a liberal abortion law may potentially amplify the illegal practices of sex determination centres due to the prevailing preference for male children in some communities.
The current Bill also overlooks factors such as personal choice, sudden changes in life circumstances (like partner separation or death), and domestic violence.
Furthermore, the financial feasibility of establishing medical boards across the country given the present healthcare budgetary allocation is problematic. The new regulations may create difficulties for pregnant women in remote areas to access these boards.
Way Forward
The Medical Termination of Pregnancy (Amendment) Bill, 2020 marks a progressive move. However, the government must ensure adherence to all norms and standardized protocols in clinical practice to facilitate safe abortions across health care institutions in the country. Abortion matters should be determined based on human rights, scientific principles, and technological advancements.