Medical Termination of Pregnancy (Amendment) Act

Why in news?

Delhi High court allows minor rape victim to terminate 26 week pregnancy

It noted that unwanted pregnancy constitutes a “grave injury to the mental health of the survivor”.

Medical Termination of Pregnancy Act (MTPA), 2021

The Medical Termination of Pregnancy Act (MTPAA) 2021 amended the MTP Act 1971 to increase the upper gestation limit for termination of pregnancy under certain conditions.

“The MTPAA” was passed due to the advancement in medical science regarding safer abortions.

The MTPAA expands access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure universal access to comprehensive care.

MTP,1971, legalises abortion in India up to 20 weeks of pregnancy when provided by a registered medical practitioner (RMP) at a registered medical facility.

A written Consent of a guardian is required for termination of pregnancy in two cases-

1When a woman is below the age of 18 years or

2When a woman has a mental illness (irrespective of her age).

The MTP Act defines a guardian as someone who cares for the minor.

This does not imply that only parent/s are required to consent.

Features of MTPAA,2021

Termination due to Failure of Contraceptive Method or Device

• A pregnancy may beterminatedup to 20 weeksby a married woman in the case offailureof a contraceptive method or device.
• Itallows unmarried womentoalsoterminate a pregnancy for this reason.

Time limit and grounds for terminating a pregnancy

• The 1971 Act specifies thegrounds and time limitforterminating a pregnancy.
• The MTPAA,2021,amendsthese provisions.

Upper Gestation Limit for Special Categories

• The Act Increases theupper gestation limitfrom20 to 24 weeksfor special categories of women.
• This includessurvivors of rape,victims of incestandother vulnerable women(differently abled women,minors,among others).

1. Medical Boards

• All state and UTgovernmentswillconstituteaMedical Board.
• TheBoard will decideif a pregnancymay be terminatedafter 24 weeksdue tosubstantial foetal abnormalities.
• The medical board is to provide a decisionwithin three daysof being approached.

1. Confidentiality

• The “nameandother particulars of a womanwhose pregnancy has been terminatedshall notbe revealed”except to a person authorisedin any law that is currently in force.