The Medical Termination of Pregnancy (Amendment) Act, 2020
The Medical Termination of Pregnancy (Amendment) Act, 2020 received the assent of the President on the 25th March, 2021. The Act regulates the conditions under which a pregnancy may be aborted.
It amended the Medical Termination of Pregnancy Act, 1971 which provides for the termination of certain pregnancies by registered medical practitioners.
Termination of pregnancy: It amends the provision on termination of pregnancy. A pregnancy may be terminated within 20 weeks, with the opinion of a registered medical practitioner. Approval of two registered medical practitioners will be required for termination of pregnancies between 20 to 24 weeks.
The termination of pregnancy up to 24 weeks will only apply to specific categories of women, as may be prescribed by the central government. The central government will notify the norms for the medical practitioner whose opinion is required for termination of the pregnancy.
Constitution of a Medical Board: Upper limit of termination of pregnancy will not apply in cases where termination of pregnancy is necessary due to the diagnosis of substantial foetal abnormalities, which will be diagnosed by a Medical board. Every state government is required to constitute a Medical Board. The central government will notify the powers and functions of these Medical Boards.
Protection of privacy of a woman: No registered medical practitioner will be allowed to reveal the name and other particulars of a woman whose pregnancy has been terminated. Contravention of this provision will attract a punishment of 1 year.
Key Issues
Against Reproductive Rights: It goes against the principle of reproductive rights of women as it shall be the right of a pregnant woman to terminate her pregnancy.
No Provision in case of Rape: It allows for abortion after 24 weeks, only in cases where a Medical Board diagnoses substantial foetal abnormalities. The Act does not make provision for abortion in cases of rape that exceeds 24-weeks. Writ petition is the only way out in such cases.
Categories of Women Unspecified: The Act does not specify the categories of women who may terminate pregnancies between 20-24 weeks and leaves it to the executive. Such matters should be specified by Parliament after wider consultation.
Unspecified Timeframe: The Act does not provide a time frame within which the Medical Board must make its decision. Delays in decision by the Board may result in further complications for the pregnant woman.
Lack of Professional Services: The All-India Rural Health Statistics (2018-19) shows there is a 75 % shortfall of gynecologists and obstetricians in community health clinics in rural areas across India. It limits the access of women to safe abortion services.
Non-inclusion of Transgender: It is unclear if transgender persons will be covered under the Act.
