The Medical Termination of Pregnancy (Amendment) Bill 2020 was passed by both the houses of parliament and received the presidential assent on March 26, 2021 so as to amend the Medical Termination of Pregnancy Act, 1971.
The key features of the bill are as follows:
- According to the Act, pregnancy can be terminated up to 20 weeks by both married and unmarried woman.
- Termination of pregnancy up to 20 weeks of gestation requires the opinion of one medical practitioner.
- In case of 20-24 weeks of gestation period of pregnancy, opinion of two registered medical practitioners is required.
- However, in cases of more than 24 weeks of pregnancy, the state level medical board’s opinion is required for termination.
- It increases the upper gestation limit to 24 weeks from 20 for women of special categories and would include survivors of rape, victims of incest and other vulnerable women etc.
- The registered medical practitioner is only allowed to disclose the details of a woman whose pregnancy has been terminated to a person authorized by law. In case of violation of privacy, the offender is punishable with imprisonment up to a year, a fine or both.
According to the Act, state level medical boards need is to be setup. They will decide if a pregnancy is to be terminated after 24 weeks in cases of substantial foetal abnormalities. The Medical Board shall consist of the following:
- A gynaecologist
- A paediatrician
- A radiologist or a sonographer
- Any other number of members as may be notified by the state government.
Changes in Nut shell-
| Time since conception of pregnancy | Medical Termination of Pregnancy Act, 1971. | Medical Termination of Pregnancy(Amendment) Act,2020. |
| Up to 12 weeks | Opinion of 1 doctor. | Opinion of 1 doctor. |
| 12-20 weeks | Opinion of 2 doctors. | Opinion of 1 doctor. |
| 20-24 weeks | Not permissible | Opinion of 2 doctors. |
| More than 24 weeks | Not permissible | Opinion of Medical Board in case of substantial foetal abnormality. |
| Any time during pregnancy | One doctor, if necessary action to be taken to save the life of the pregnant woman. | One doctor, if necessary action to be taken to save the life of the pregnant woman. |
Criticism to the Bill-
Though some support the bill claiming that termination of a pregnancy is the choice of a pregnant woman. On the other hand, few believe that the state is obligated to protect life, and therefore it must endorse the protection of foetus.
Also, the Act allows termination of pregnancy after period of 24 weeks only if the Medical Board diagnoses any substantial foetal abnormalities. Thus, in cases of abortion because of rape or will, exceeding 24 weeks, the only way is to file a writ petition.
The bill mandates the abortion to be only performed by doctors specialized in gynaecology or obstetrics. But, as per statistics there is a shortage of about 75% of such doctors in community health centres in rural areas making it difficult for pregnant access to safe abortions.