Analysis of the medical termination of pregnancy law in India.
Issues like abortion have always been controversial in a traditional thinking society like India.
(Abortion is a very sensitive matter in which India was successful to make laws and regulations
but the Indian government failed in its effective execution.) Before the enactment of the MTP
Act, about 5 million terminations were carried out per year in India. To lay down the law
government set up a committee under Mr. Shantilal Shah to propose certain draft laws. Thus
Medical termination of pregnancy act 1971 was passed.
Salient features of the Medical termination of pregnancy Act 1971
According to this act, a pregnancy may be terminated by a registered practitioner only.
• Where the length of the pregnancy does not exceed 12 weeks the termination can be carried
out based on one registered medical practitioner.
• Where the length of pregnancy exceeds 12-20, then the opinion of two registered medical
practitioners is required to terminate the pregnancy.
The basis of opinion on termination is if the continuance of the pregnancy would involve a risk to
the life to the life of the pregnant woman or would cause grave injury to her “physical or mental
health” or if there is a substantial risk that if the child were born, it would suffer from such
physical or mental abnormalities as to be seriously handicapped. In the event, that the
pregnancy exceeds 20 weeks, then the woman has to approach the High Court concerned or
the Supreme Court by filing a writ petition under Article 226 or Article 32 of the Constitution of
India respectively. Thereafter, the Court concerned directs that a medical board be set up,
which is to prepare a report and submit it before the Court. Based on this report, the Court either
allows or disallows the woman to undergo a medical termination.
Medical Termination of Pregnancy (Amendment) Act 2021
The Bill proposes that, if a woman who is pregnant for a period of 20 weeks, wishes to undergo
a termination, she will need to seek an opinion from one registered medical practitioner and
such a proposed amendment is a welcome change as it reduced the mental, physical and
financial burden on women. Further, the Bill proposes that if the length of the pregnancy is
between 20 weeks to 24 weeks, then she will need an opinion from two registered medical
practitioners before undergoing a termination. However, the Bill uses the term “in case of such
category of woman as may be prescribed by rules made under this Act,” and therefore, only
women who fall into the category as prescribed by the rules can avail of this option. However,
termination, in this case, is also permissible for “such category of woman as may be prescribed
by rules made under this Act”. The Bill does not state any such category and this
ambiguity/caveat can be problematic as the Rules and not the Act will determine the category of
women who can undergo termination in such an instance. In order to save the life of a woman,
only the opinion of one registered medical practitioner is necessary, regardless of the length of
the pregnancy. This provision exists presently in the MTP Act as well.
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