MEDICAL TERMINATION OF PREGNANCY AMENDMENT ACT 2021 – POLITY
News: Why are abortion laws in the
spotlight again? | Explained
What's
in the news?
●
A married woman 26 weeks pregnant has
approached the Supreme Court seeking to terminate her pregnancy citing
inability to take care of the child due to postpartum depression and other
health issues.
Key
Provisions of the MTP (Amendment) Act 2021:
1.
Extended length for termination of pregnancy:
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The Act increases the gestation period of
women seeking abortion up from 20 weeks to 24 weeks.
2.
Cases of special categories of women:
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It allows abortion to be done on the
advice of one doctor up to 20 weeks, and two doctors in the case of certain
special categories of women between 20 and 24 weeks.
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The “special categories of women” include
rape survivors, victims of incest, the differently-abled and minors.
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In case of the gestational period beyond
24 weeks, pregnancy may be terminated only in cases of substantial foetal
abnormalities diagnosed by the Medical Board or if there is a threat to the
life of the mother.
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Opinion of only one provider will be
required up to 20 weeks of gestation and two providers for termination of
pregnancy of 20-24 weeks of gestation.
3.
Failure of Contraceptive:
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It allows unmarried women also to
terminate a pregnancy in case of failure of the contraceptive method or device.
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The ground of failure of contraceptives
can now be used for abortion up to 20 weeks.
4.
Setup of Medical Boards:
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All state and union territory governments
will constitute a Medical Board.
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The Board will decide if pregnancy may be
terminated after 24 weeks due to substantial foetal abnormalities.
5.
Ensuring confidentiality/privacy of Pregnant Women:
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Name and other particulars of a woman
whose pregnancy has been terminated shall not be disclosed other than to a
person authorised in any law for the time being in force.
6.
Requirement of doctors:
●
Opinion of only one doctor will be
required up to 20 weeks of gestation and two doctors for termination of
pregnancy of 20-24 weeks of gestation.
Significance
of the Act:
1.
Raising the upper limit:
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Often 20 weeks were spent in completing
the legal procedures and formalities.
2.
Reproductive Rights of a Woman:
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It will provide greater reproductive
rights and dignity to women as abortion is considered an important aspect of
the reproductive health of women.
3.
Right to Privacy:
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Further, the rape victims and vulnerable
victims will also be benefitted from Privacy Clause.
4.
Encourage Safe Abortion:
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Deaths and injuries from unsafe abortions
are largely preventable provided services are performed legally by trained
practitioners.
5.
Aligned to International Progressive Practices:
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In the UK abortion can be performed at any
time.
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In South Africa, abortions rules are
already similar to India.
6.
Reduction in Legal Cases:
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Many cases which were filed in High Courts
to seek permission for abortion beyond 20 weeks will go down.
Concerns:
1.
Son-meta-Preferences:
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The preference for a male child keeps sex
determination at an aggressive pace.
2.
Ethical Debates:
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Terminating a pregnancy is the choice of
the pregnant woman and a part of her reproductive rights.
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State should protect life and hence should
provide for the protection of the foetus.
3.
Increase in Gestational limit only in certain cases:
●
It enhances the gestational limit for
legal abortion from 20 to 24 weeks only for specific categories of women.
●
A woman who does not fall into these
categories would not be able to seek an abortion beyond 20 weeks.
4.
No Time frame of Board’s decision:
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The Act does not provide a time frame
within which the Board must make its decision.
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Also, the shortage of specialised doctors
will further delay the case.
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The Act provides in section 3(2C) for a
single board for a State that is, it is impossible for one board to handle all
cases. Even having multiple boards, human resources and finances are a
challenge.
5.
No Personal Choice:
●
The boards are unnecessary and an invasion
of privacy of the pregnant women which pushes the laborious process a woman had
to undergo in order to get an abortion.
6.
Lack of Awareness of Rights:
●
Many are still not aware of their
reproductive rights.
WAY
FORWARD:
1.
Autonomy to women:
●
Women should be given reproductive choice
in abortions.
●
Even the Supreme Court has also recognised
women’s right to make reproductive choices and their decision to abort as a
dimension of their liberty (in Mrs X v. Union of India, 2017) and as falling
within the realm of the fundamental right to privacy (in K.S. Puttaswamy v.
Union of India, 2017).
2.
Strict vigilance over sex determinations:
●
In India where sex-selective abortions are
performed, the state needs to keep a watchful eye on anything that might allow
the sex ratio to nosedive further.
3.
Progressive Legislation:
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It must be broadened to encompass
Transgender.
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Specify the time frame for Medical Boards
and ensure trained medical staff including ASHA workers.
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Encouraging the role of men in family
planning to ensure that women do not face the burden alone.
Access to legal and safe
abortion is an integral dimension of sexual and reproductive equality and must
be a crucial element of conventional society. The proposed increase in
gestational age will ensure dignity, autonomy, confidentiality and justice for women
who need to terminate the pregnancy.