Context: The Supreme Court of India observed that the Medical Termination of Pregnancy (MTP) Act needs further amendment to address the rising cases of unwanted pregnancies, especially among minors.
About Medical Termination of Pregnancy (MTP) Act:
What it is?
- The MTP Act is a crucial social and healthcare legislation in India that provides a legal framework for the termination of certain pregnancies by registered medical practitioners. It balances the reproductive rights of women with the safety of medical procedures, moving away from the restrictive criminal provisions of the Indian Penal Code.
Origin:
- Original Act: The Medical Termination of Pregnancy Act was first enacted in 1971 based on the recommendations of the Shantilal Shah Committee.
- Major Overhaul: The Act was significantly updated via the MTP (Amendment) Act, 2021, which came into force to address modern reproductive rights and technological advancements in fetal diagnostics.
Aim:
- The primary objective of the Act is to expand access to safe and legal abortion services on therapeutic, eugenic, humanitarian, or social grounds.
- It aims to reduce maternal mortality caused by unsafe abortions and ensure the dignity, autonomy, and confidentiality of women seeking termination.
Key Features (As per 2021 Amendment):
- Upper Gestation Limit:
- Increased from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest, minors, and differently-abled women.
- The limit remains 20 weeks for general cases.
- Medical Opinion Requirements:
- Up to 20 weeks: Opinion of one registered medical practitioner is required.
- 20 to 24 weeks: Opinion of two registered medical practitioners is required.
- Exception for Fetal Abnormalities: The 24-week upper gestation limit does not apply if a state-level Medical Board diagnoses substantial fetal abnormalities.
- Contraceptive Failure: The ground for termination due to failure of contraceptive device or method has been extended to unmarried women and their partners (previously only married women).
- Confidentiality: Mandatory protection of the woman’s identity; particulars can only be revealed to persons authorized by law.
- Medical Boards: Each State and Union Territory is mandated to constitute a Medical Board to decide on terminations beyond 24 weeks in cases of fetal anomalies.
Significance:
- It recognizes the humanitarian aspect of pregnancy resulting from sexual violence and the social aspect of contraceptive failure.
- By providing a legal route, it discourages the use of quacks or unsafe methods, which are a leading cause of maternal death in India.
