Medical Termination of Pregnancy (Amendment) Act in India
Description
Description: Read about the Medical Termination of Pregnancy Act in India, Its salient features and criticism about the provisions.
Medical Termination of Pregnancy Act in India
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus.
The All-India Rural Health Statistics (2018-19) indicates there are 1,351 gynaecologists and obstetricians in community health clinics in rural areas across India, and the shortfall is 4,002, i.e., there is a 75% shortage of qualified doctors. The shortage of qualified medical professionals may continue to limit the access of women to safe abortion services. As per the National Health and Family Survey (2015-16), only 53% of abortions are performed by a registered medical doctor and the balance are conducted by a nurse, auxiliary nurse midwife, dai, family member, or self. Hence, providing sfe abortion is must.
Abortion Laws in India
The Medical Termination of Pregnancy Act, 1971 allows for aborting the pregnancy by medical doctors (with specified specialisation) on certain grounds.
A pregnancy maybe be terminated up to 12 weeks based on the opinion of one doctor, and up to 20 weeks based on the opinion of two doctors. Termination is permitted only when continuance of the pregnancy would involve a risk to the life of the pregnant woman, cause grave injury to her mental or physical health (including rape and failure of birth control measures), or in the case of foetal abnormalities. Termination is also allowed at any point during the pregnancy if there is an immediate necessity to save the woman’s life.
The Medical Termination of Pregnancy (Amendment) Bill, amends the Act to increase the upper limit for termination from 20 to 24 weeks for certain categories of women, removes this limit in the case of substantial foetal abnormalities, and constitutes Medical Boards at the state-level.
Key features:
• Time limit and grounds for terminating a pregnancy: The Act specifies the grounds for terminating a pregnancy and specifies the time limit for terminating a pregnancy. The Bill amends these provisions.
• Termination due to failure of contraceptive method or device: Under the Act a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device. The Bill allows unmarried women to also terminate a pregnancy for this reason.
• Medical Boards: All state and union territory governments will constitute a Medical Board. The Board will decide if a pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities. Each Board will have a gynaecologist, paediatrician, radiologist/sonologist, and other members notified by the state government.
• Privacy: A registered medical practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorised by law. Violation is punishable with imprisonment up to a year, a fine, or both.
Criticism
• The Bill allows certain categories of women to terminate their pregnancies between 20 and 24 weeks. The central government will notify these categories. It may be argued that the categories of women who may terminate a pregnancy between 20 and 24 weeks should be specified by Parliament and not delegated to the government.
• The Bill allows for the termination of pregnancy after 24 weeks based on the opinion of the Medical Board in the case of substantial foetal abnormalities. The Bill does not provide a time frame within which the Board must make its decision. Termination of pregnancies is a time sensitive matter, and delays in decision-making by the Medical Board may result in further complications for the pregnant woman.
• The Act and the Bill allow “pregnant women” to terminate pregnancies under certain conditions. Note that the Transgender Persons (Protections and Rights) Act, 2019 recognises transgender as an additional gender in India. Some medical studies have shown that there may be cases where persons who identify as transgender (and not women) can become pregnant even after receiving hormone therapy to transition from female to male, and may require termination services. Since the Act and the Bill only provide for termination of pregnancies in the case of women, it is unclear if transgender persons will be covered under the Bill.
Laws around the World
Many countries allow abortion up to a time limit, along with certain other factors.
• In the UK, a pregnancy may be terminated at any time: (i) to protect the life of the woman, (ii) to prevent grave permanent injury to the physical or mental health of the woman, or (iii) if the child is at risk of being seriously handicapped. Further, when determining the injury to the woman’s physical or mental health, her actual or reasonably foreseeable environment may be considered.
• In South Africa, a pregnancy may be terminated up to 12 weeks at the request of the woman, and between 12 to 20 weeks if: (i) it poses a risk to the mental or physical health of the woman, (ii) there is a risk of foetal abnormalities, (iii) it was caused due to rape, or (iv) continuing the pregnancy would affect the socio-economic circumstances of the woman. It is also permitted beyond 20 weeks if there is a risk to the life of the woman or the foetus, or if there is a risk of foetal abnormalities.
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