Medical Termination of Pregnancy (Amendment) Bill, 2021

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The Rajya Sabha has approved the Medical Termination of Pregnancy (Amendment) Bill, 2021 to amend the Medical Termination of Pregnancy Act, 1971.

Key Provisions

• Enhanced Time Limit for Abortion: The bill has enhanced the upper gestation limit from 20 to 24 weeks for special categories of women which will be defined in the amendments to the MTP Rules.
  • It would include survivors of rape, victims of incest and other vulnerable women (like differently-abled women, minors) etc.
  • Beyond 24 weeks, abortion may be done only in cases of substantial foetal abnormalities diagnosed by the Medical Board or if there is threat to life of mother.
• Failure of Contraceptive: The ground of failure of contraceptives can now be used for abortion upto 20 weeks.
  • It also empowers unmarried women to undergo medical termination of pregnancy.
• Medical Boards: All state and union territory governments will constitute a Medical Board.  
  • The Board will decide if a pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities.  
  • Each Board will have a gynaecologist, paediatrician, radiologist/sonologist, and other members notified by the state government.
• Privacy: Name and other particulars of a woman whose pregnancy has been terminated shall not be revealed except to a person authorised in any law for the time being in force.
• Number of Doctors for Approval: Opinion of only one doctor will be required up to 20 weeks of gestation and of two doctors for termination of pregnancy of 20-24 weeks of gestation.

Benefits

• Term of 20 weeks was too less: Often 20 weeks were spent in completing the legal procedures and formalities.
• Reproductive Rights of a woman: It will empower them by preserving and protecting their dignity by saving them from the frail questions asked.
  • It also empowers unmarried couples to undergo abortion in case of accidental prganancy.
• Right to Choose and Dignified Life: In case of severe deformity the option of abortion gives couple a right to dignified life.
  • Further the rape victims and vulnerable victims will also be benefitted by Privacy Clause.
• Promote Safe Abortion: It will promote safe abortion. Earlier due to legal complications, couples were preferring quacks.
• Aligned to International Progressive Practices:
  • In UK abortion can be performed at any time
  • In South Africa, abortions rules are already similar to India.
• Reduction in Legal Cases: Many cases which were filed in High Courts to seek permission for abortion beyond 20 weeks will go down.

Criticism

• Right to Life: Foetus too have the right to life and hence it may be unethical to terminate pregnancy.
• Categories of women who can terminate pregnancy between 20-24 weeks not specified: The Bill allows certain categories of women to terminate their pregnancies between 20 and 24 weeks.
  • The central government will notify these categories.
  • It may be argued that the categories of women who may terminate a pregnancy between 20 and 24 weeks should be specified by Parliament and not delegated to the government.
• Time frame for Medical Board’s decision not specified: The Bill does not provide a time frame within which the Board must make its decision. 
  • Termination of pregnancies is a time sensitive matter, and delays in decision-making by the Medical Board may result in further complications for the pregnant woman.
• Unclear if transgender persons will be covered: Some medical studies have shown that there may be cases where persons who identify as transgender (and not women) can become pregnant even after receiving hormone therapy to transition from female to male, and may require termination services.
  • Since the Act and the Bill only provide for termination of pregnancies in the case of women, it is unclear if transgender persons will be covered under the Bill.
• Unavailability of qualified medical professionals to terminate pregnancies: The All-India Rural Health Statistics (2018-19) indicates that there is a 75% shortage of qualified doctors.
  • The shortage of qualified medical professionals may continue to limit the access of women to safe abortion services.
  • As per the NHFS 2015-16, only 53% of abortions are performed by a registered medical doctor and the balance are conducted by a nurse, auxiliary nurse midwife, dai, family member, or self.

Way Ahead

• Progressive Legislation: Being a progressive legislation, it must be broadened to encompass Transgender.
• Increasing number of Doctors by training Midwife and AYUSH practitioners: The immediate shortfall may be balanced by properly training the already practicing Quacks and Midwives through 1 year diploma.
• Specify time frame for Medical Boards.

Source: PRS