The Union Cabinet has recently implemented changes to the Medical Termination of Pregnancy (MTP) Act, 1971. Specifically, they have increased the upper limit for legal termination of pregnancy from 20 weeks to 24 weeks. This decision is a significant development in the field of reproductive health rights.
Overview of The Previous Abortion Law
The Medical Termination of Pregnancy (MTP) Act, 1971, originally only allowed for the termination of pregnancies up to 20 weeks. Consequently, whenever an unwanted pregnancy extended beyond this period, women faced the challenging task of obtaining permission for termination from a medical board and Courts. Such a process was both time-consuming and complicated. As per Section 3 (2) of the MTP Act, the termination could only take place under specific conditions. Firstly, if the pregnancy did not exceed twelve weeks or extended up to but not beyond twenty weeks. Secondly, it required a consensus between at least two registered medical practitioners stating that the continuation of the pregnancy posed a risk to the woman’s life or the unborn child’s physical or mental health.
Limitations of The Previous Law
The earlier law was critiqued for its inability to factor in non-medical concerns such as the economic costs of raising a child, career impacts, and other personal considerations. For minors, written approval from their guardian was obligatory. Additionally, unmarried women were not permitted to request an abortion on the grounds of contraceptive failure.
Key Features of The Amended Bill
The modified bill brings several key amendments. It now requires the opinion of just a single registered medical practitioner for termination of pregnancy up to 20 weeks of gestation, instead of two. However, for termination of pregnancies extending from 20 to 24 weeks, the opinions of two registered medical practitioners will be necessary. The upper limit for legal abortion has also been increased from 20 weeks to 24 weeks, particularly for survivors of rape, victims of incest, and other vulnerable women, including minors. Additionally, the Bill seeks to ease the contraceptive-failure condition for unmarried women. Previously, only a married woman or her husband was permitted to seek medical termination of a pregnancy. However, the new bill proposes to extend this right to “any woman or her partner”.
| Important Facts |
|---|
| The Medical Termination of Pregnancy Act was enacted in 1971 |
| Previously it allowed termination of pregnancies up to 20 weeks only |
| The modifications permit termination up to 24 weeks |
| The new law requires one registered medical practitioner’s approval for abortions up to 20 weeks and two practitioners for those from 20-24 weeks |
| The amendments are especially beneficial for rape survivors, incest victims, and other vulnerable women |
Impact on Women’s Reproductive Rights
If passed, the amendments to the MTP Act will provide women with enhanced reproductive rights, as safe and accessible abortion services are a critical part of women’s reproductive healthcare. Injuries and deaths from unsafe abortions can be significantly reduced if the services are performed legally by trained practitioners.
