The Medical Termination of Pregnancy Act, 2020

Statistics show that a woman dies of unsafe abortion practices every two hours in India. Abortion falls under the purview of Art 21 of the Indian Constitution. The UDHR also classifies reproductive rights as one of the basic Human Rights. However, for years there have been never-ending debates for and against Abortion.

The traditional argument from most anti-abortionists is purely religious. With centuries of evolving, we have finally made it to a point where our rationale can decide over the adaptiveness of a practice. Let's take a look at what is the MTP Act and the amendments made under it -

Background of MTP Act: 

Back in the 20th Century, Abortion was a crime under the British regime. Both the abortionist and the woman aborting were punished for the Act. Even after independence, the practice was prevalent. However, in the early 1970s, due to an alarming number of increases in Abortion, the Government was put on alert and considered making a few exceptions. As a result, the Shantilal Shah committee recommended the Medical Termination of Pregnancy Act, 1971. With this Act, Abortion was legalized in India.

Though the Act allowed pregnancy termination, it was immensely restricted with a very narrow purview to extremities. The MTP Act, 1971 only allowed Abortion up to 12 weeks of gestation period. The Act was later amended in 1975, which pushed the upper limit to 20 weeks but with the approval of 2 doctors beyond 12 weeks. The Act still lacked inclusivity for unmarried women, survivors of rape or incest, or failure of contraceptives.

What needed to change?                          

This lack of inclusivity stood as a hindrance in the safe and sanitized abortion process, which at times defeated the very purpose of the Act. Even after implementing this Act, the Government failed to ensure that qualified doctors and registered clinics execute the termination process. 

What are the new Amendments?

The Medical Termination of Pregnancy Act has laid down several conditions for termination of pregnancy.

• The recent amendment has raised the upper limit from 20 weeks to 24 weeks of gestation for women who are rape survivors, minors, victims of incest, specially-abled women. Although, not without the opinions of two registered medical practitioners.

• Events where continuing the pregnancy would cause risk to the pregnant woman's life or may cause grave injury to her mental or physical being.

• Also, if there is a substantial odd of the child being born with such physical or mental impairment as to be seriously handicapped.

• If a woman conceives due to failure of contraception, even if the woman is unmarried.

• Termination of pregnancy which is over 24 weeks, will require the state-level medical board's opinion. The board will consist of a gynecologist, a pediatrician, a radiologist, and a member of the state government.

Our Word:

The proposed amendments are progressive, and the Government must ensure that the due process is maintained as per the laid norms. The recent amendment is an enormous step taken to safeguard women's rights and safety. But we still have a long way to go. Like many other countries in the west, women should be allowed to terminate the pregnancy on request at any point in time. This will ensure that the process is conducted safely and with proper sanitation and hygiene.

Author: Shweta Singh