Since the Medical Termination of Pregnancy (MTP) Act was passed in 1971, abortion has been permitted in India under a variety of conditions. In order to make safe and legal abortion services more accessible to women, the Act was revised in 2003. Ten women each day die from unsafe abortions, which are the third-leading cause of maternal mortality, and countless more suffer from morbidities.
As part of reproductive freedom and gender justice, the Union Cabinet amended this Act in the early months of 2020 to permit women to get abortions. The change elevates India to the top tier of nations that support women who want to make independent decisions based on their circumstances and viewpoints.
The change increased the maximum MTP period for women, including rape survivors, incest victims, women with disabilities, and juveniles, from 20 to 24 weeks. The failure of contraception is also acknowledged, and the earlier provision that said that this Act applies only to “married women or their husbands” has been replaced with “any woman or her partner.” The new law is progressive, sympathetic, and presents a human face to a very delicate topic.
The Medical Termination of Pregnancy Act, 1971
The MTP Act outlines who may terminate a pregnancy, when that termination may occur, and where that termination may occur. The MTP Rules and Regulations, 2003 offer reporting and documentation criteria for safe and legal termination of pregnancy, as well as the training and certification specifications for a provider and facility.
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Who May Terminate a Pregnancy?
According to the MTP Act, only a registered medical practitioner (RMP) who satisfies the following criteria may terminate a pregnancy:
- possesses a medical degree that is recognized by the Indian Medical Council Act
2. whose name is listed in the State Medical Register
3. who, in accordance with the MTP Rules, has the requisite training or experience in obstetrics and gynecology
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In which circumstances are the provisions of the MTP Act available?
The legal framework of this Act enforces the need to provide efficient and safe procedures and services for a woman who decides on getting an abortion if she finds herself in the following situation(s) :
- when a pregnant woman’s life is in danger or when carrying the pregnancy out could seriously harm her physical or mental health;
- when there is a significant chance that the baby may be born or die with severe physical or mental defects;
- When rape results in pregnancy (which is seen to seriously harm the lady’s mental health);
- When a married woman or her husband fails to use contraception as prescribed; and
- when a couple has between two and three children and their socioeconomic situation would not permit them to afford another baby.
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Consent Required :
As per the provisions of the MTP Act, only the consent of the woman whose pregnancy is being terminated is required. However, in the case of a minor i.e. below the age of 18 years, or a woman with mental illness, consent of a guardian (MTP Act defines a guardian as someone who has the care of the minor.
Medical Termination of Pregnancy (Amendment) Act, 2021
The Medical Termination of Pregnancy Act, 1971 was amended on March 16th, 2021, by the Medical Termination of Pregnancy (Amendment) Act, 2021. The changes are intended to widen the range of safe abortion services that are available to women and to safeguard their rights to justice, autonomy, and dignity when it comes to ending their pregnancies.
Long story short, the 2021 Amendment to the MTP Act stands significant owing to the following key changes :
- It raised the maximum gestation period for specific groups of women from 20 to 24 weeks. These groups would include rape survivors, incest victims, and other vulnerable women (such as women with disabilities and minors), among others.
- A doctor’s opinion is necessary if the abortion is carried out within 12 weeks of conception; if it is carried out between 12 and 20 weeks, two doctors’ opinions are necessary.
- For certain groups of women, the bill permits abortion on the advice of one doctor up to 20 weeks and two doctors between 20 and 24 weeks.
Additionally, if it’s essential to end the pregnancy at any point in order to save the woman’s life, it is legal to do so.
The other provisions of this Amendment:
The Act permits pregnant women to end their pregnancies in certain circumstances. Notably, the Transgender Persons (Protections and Rights) Act, 2019, in India acknowledges transgender as a distinct gender.
According to several medical studies, transgender people (who are not necessarily women) who transition from being female to male may become pregnant after undergoing hormone therapy, necessitating the use of termination services. Because only women’s pregnancies are covered by the Bill, it is uncertain if transgender people will be safeguarded.
By the incorporation of a few new clauses under separate sections, the Medical Termination of Pregnancy Act, 1971, has improved the access to comprehensive abortion care under stringent guidelines and raised the upper gestational limit for termination of pregnancy under certain circumstances. This is done without compromising on the service or quality of safe abortion.
Despite these encouraging developments for women’s reproductive rights in the nation, abortion has long been the subject of contentious moral, ethical, political, and legal debates.
Abortion is no more only a medical issue because it is at the center of a much larger ideological debate where the fundamental definitions of the family, the state, motherhood, and women’s sexuality are at stake.
Conclusion
While it is commendable that the Central Government has taken such a courageous stance while maintaining a balance with the various cultures, traditions, and schools of thought that our nation upholds, the amendment still leaves women with a number of conditions, many of which become barriers to accessing safe abortion.
The government must make sure that all clinical standards and regulations are followed nationwide in hospitals and other healthcare facilities in order to allow abortions. For the same, there needs to be a strong balance between human rights and technological growth.
One can be confident that the nation is making progress because it has now been made into an act and is tackling women’s issues more vehemently than before.
