All About Medical Termination of Pregnancy Amendment Act

The FAQs have been prepared by Charuprita Guru, a 3rd year, BA LLB (Hons.) student at  Alliance University, Bangalore. She is currently interning with LatestLaws.com. 

    1.What is the prearrangement of the MTP Amendment Act, 2021?

The MTP Amendment Act, 2021, was intended to be enacted in order to reform certain earlier provisions of the principal MTP Act, 1971. The amendments include alterations in Sections 2, 3 and 6 and an insertion of a new section 5A to the principal Act of 1971.

2. How is MTP Act an exception to the criminalisation of medical termination?

After nearly 50 years of the enactment of the MTP Act, from the initial institution to amendments until now, abortion or medical termination of pregnancy has not been decriminalised. However, in the due course of time, the provisions under this Act safeguards registered medical practitioners by stipulating certain conditions under which pregnancy can be terminated. Hence, this serves as an exception to the criminalisation of abortion or medical termination.

3. What are the confines of the MTP Act in terms of gender based utilisations of the law?

The MTP Act specifically states pregnant ‘women', hence making abortion services inaccessible to trans-persons, gender queer or gender non-conforming, as well as for others of gender diverse identities who identify themselves as otherwise.

4. What are the amendments established under the MTP Amendment Act, 2021?

Amendment of Section 2 of the principal Act-

Insertion of ‘Medical Board’ and ‘termination of pregnancy’ as clauses (aa) and (e) respectively, of Section 2 of the principal Act, mandates the constitution of Medical Boards in all the States and Union Territories of India for diagnosing substantial fetal irregularities.

Amendment of Section 3 of the principal Act-

• Sets out the increase in the gestation time limit.
• Allows termination possible by a registered medical practitioner beyond twenty weeks but not exceeding twenty-four weeks of a woman’s pregnancy.
• Permits abortion on the grounds of the pregnancy risking the life or physical or mental health of the pregnant woman or endangering the child’s life if found to be when born to suffer any physical or mental abnormality.
• Grant the medical practitioner the right to advise on termination of the pregnancy whose opinion is required for termination of pregnancy at different gestational ages as prescribed by rules made under this Act.

Insertion of Section 5A-

This section provides for confidentiality or the protection of privacy of a woman, whose pregnancy has been terminated by registered medical practitioners for lawful reasons, of which shall only be disclosed to a person authorised by law, violation of which is punishable with imprisonment, or with fine, or with both.

Amendment of Section 6 of the principal Act-

Clauses on category of women, norms to be followed by registered medical practitioners and the powers and functions of Medical Board as enlisted in as (aa), (ab) and (ac) respectively are inserted.

5. What are a few notable functions and constituents of the Medical Board as mentioned in the Amendment Act, 2021?

The Board is to decide on the termination of pregnancy after the gestation time limit. Its constituents are also specified to include a gynecologist,, pediatrician a sonologist/radiologist along with other members as alluded to by the Government.

6. Is there an anomaly in opting for the pregnancy termination decision upto twenty-four weeks?

Where any pregnancy is alleged by the pregnant woman or differently abled women or minor or the victim to have been surviving acts caused by rape or sexual abuse and incest, can seek termination upto twenty-four weeks, with the opinion of the registered medical practitioner. While a special exception lets no upper limit to gestation time in case of fetal disability with the consent of the Medical Board. The requirement of two registered medical practitioner’s opinions for the termination of pregnancy upto twenty to twenty-four weeks is also essentially necessitated.

7. When can women or couples seek pregnancy termination?

Women or couples can terminate the pregnancy anytime during the gestation period for the reasons of fetal anomalies, as diagnosed by the Medical Boards.

8. Who can seek safe abortion services as per the Amendment Act, 2021?

Unlike the principal Act which lets only married women to resort to pregnancy termination in case of failure of contraceptive methods or devices, the amendment assents to permit termination of pregnancy to ‘unmarried women’ too, i.e., irrespective of their marital status, on the ground of contraceptive failure.

9. Who has the final say or the decisional autonomy in terminating pregnancies?

The amended abortion laws are yet sound on doctor’s opinions rather than on the women’s say with respect to pregnancy termination. Women have curtailed complete control over their reproductive choices.

10. Can women be denied an abortion on ‘moral grounds?

Considerate of the morals being the very concept and implementation of pregnancy termination, it cannot be denied. However, based on the stigmatised opinion about abortion, even the medical fraternity disallows abortion wherein pregnant women were asked to bring along their partners or parents for procedural compliances and acceptance.