Medical Termination Of Pregnancy Act

The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the “Act”) was enacted to provide conditions and procedures under which abortions can be performed by a medical professional. The Act has undergone major amendments that have considered the changing social, medical, and ethical understanding since it was first introduced. The Act has evolved over time and was amended to include all changes in the social and medical domains, thereby increasing the safety and accessibility of the medical termination procedures.

Key Provisions Of The Act

The Medical Termination of Pregnancy Act, of 1971, outlines essential provisions related to abortion, including its title, extent, and commencement.

Title, Extent, And Commencement (Section 1)

• This Act is known as the Medical Termination of Pregnancy Act, of 1971.
• It extends to the whole of India.
• The Act came into force on April 1, 1972.

Key Definitions- Section 2

The Act provides for the following important definitions that helps in constructing the shape of the Act:

• Guardian [Section 2(a)]: A person having the care of a minor or of a mentally ill person.
• Medical Board [Section 2(aa)]: The Board constituted under Section 3, as a designated board of medical experts.
• Registered Medical Practitioner [Section 2(d)]: One having qualifications recognized by the Indian Medical Council, such as training in gynaecology and obstetrics.
• Termination of pregnancy [Section 2(e)]: Termination of pregnancy by medical or surgical techniques.

Grounds For Abortion- Section 3

Section 3 of the Act states the grounds on which the pregnancy can be ended:

• Upto 20 Weeks: A registered medical practitioner may terminate a pregnancy if it is less than 20 weeks, and if continuing with the pregnancy would pose a risk to the woman's life or her health or involve a substantial risk of foetal abnormality.
• Beyond 20 Weeks: In the case of pregnancies between 20 and 24 weeks, termination shall require the authorization of two registered practitioners, if the woman belongs to any of the following: she is a victim of sexual assault, a minor or a mentally ill woman.
• Special considerations include pregnancies conceived as a result of a failure in contraception are deemed to carry a risk of impairing the woman's mental condition, while pregnancies resulting from rape are presumed to carry a risk of seriously damaging the woman's mental health.
• The decision to abort a pregnancy must always be taken with the consent of the pregnant woman, except in cases where the woman is a minor or mentally ill, where consent must be obtained from a guardian.

Also Read : Punishment for Rape in India?

Constitution Of A Medical Board- Section 3(2)

In cases of late-term pregnancies (more than 20 weeks), a Medical Board must be constituted by the State Government to assess the medical condition and approve the termination:

• The board consists of professionals including a gynaecologist, paediatrician, and radiologist.
• The Board determines whether the pregnancy is carrying serious foetal abnormalities or serious risks to a woman's health.

Medical Termination Locations- Section 4

Termination shall be permitted only in:

• Government hospitals;
• A place recognised by the appropriate Government or any District Level Committee ensuring the facilities meet the required standards.

Exemptions For Emergencies- Section 5

• The Act has a provision for abortion in situations of medical emergencies. If proceeding with the pregnancy would seriously endanger the woman's life, termination may be performed without an opinion being obtained from two medical practitioners.
• Any person performing an abortion without the requisite qualification or in an unauthorised place shall be liable to rigorous imprisonment ranging from 2 to 7 years.

Protecting Privacy- Section 5 Of The MTP Act

A significant feature of the Act is that it protects the woman’s privacy:

• The identity and other personal particulars of a woman undergoing a pregnancy termination must remain confidential.
• Any unauthorised disclosure of this information is punishable by imprisonment or fines.

Rule-Making Powers- Sections 6 And 7

• The Central Government can make rules providing for matters ancillary for carrying out the provisions of the Act. This includes laying down qualifications for medical practitioners and standards for procedures.
• Regulations can also be made by the State Governments for the procedure for certification, safeguarding of records, and protection of privacy.

Protection In Good Faith- Section 8

Under the provisions of the Act, a medical practitioner is vicariously protected against legal action on the grounds that he has performed a termination in good faith. No legal action can be taken against the medical practitioner for damages caused by his action under the Act.

Amendments To The Act

Initially, enacted in the year 1971, the Act had witnessed numerous amendments over the years owing to changing medical standards and social needs:

• 2002 Amendment: This amendment expanded the grounds for abortions, specifically related to mental illness and rape. It also clarified the definitions of medical practitioners and the facilities that can be permitted to conduct an abortion.
• 2021 Amendment: The most remarkable amendment done in 2021 is that it increased the permissible gestational age for abortion of certain categories of women, such as minors, sexual assault survivors, and those with physical or mental abnormalities, from 20 weeks to 24 weeks. It also made it obligatory to form Medical Boards to deal with cases of foetal abnormalities.

Impact Of The Act

The Act has the following impact on public health in India:

• Health and safety: By legalising abortions in some specific conditions, the Act has reduced the incidence of unsafe abortions, which became one of the most prominent causes of maternal deaths.
• Women's Rights: It enables women to be in control of the decision regarding reproduction, especially in dangerous situations, like rape, incest, or the presence of serious anomalies on the fetus.
• Access to Services: Provisions are also made regarding where and by whom the termination should be done, thereby protecting medical standards, thus enhancing the safety aspect of the procedure.

Conclusion

The Act has conceived the nation's commitment towards balancing women's reproductive rights with medical safety, offering a legally structured procedure for the termination of pregnancy under specified conditions. The frequent amendments made to the Act illustrate how it takes into consideration changes within the realm of medical science and society so that the health and privacy of women are protected.