The New Abortion Time Limit And Enhanced Woman’s Privacy And Abortion Rights
(Medical Termination of Pregnancy Amendment Act, 2021)
The MTP (Amendment) Act, 2021 and Rules made thereunder
In a further step to ensuring the right to abortion for women, the legislature has amended the Medical Termination of Pregnancy (MTP) Act 1971 by way of the Amendment Act of 2021. The amendment came into operation on 25th March, 2021 enhancing the choices of women for safe and legal abortion. The main objection underlying this amendment is to make sure that the autonomy and confidentiality of the women who need to undergo an abortion procedure are ensured.
The new abortion time limit and enhanced Woman’s Privacy and rights
Section 3(2) of the Act has been substituted. Previously for abortion upto the 12 weeks, the opinion was one medical practitioner was required; now the time has been extended to 20 weeks. Hence, for obtaining pregnancy up to 20 weeks, the opinion of only one registered medical practitioner (RMP) is required.
Furthermore, for abortion in situations that fall under the special category, for example, if the woman is a rape survivor, victim of incest, minor, differently abled, etc. the upper gestation limit has been extended up to 24 weeks but the abortion will be concluded only if the same is opinionated by two RMPs.
|
Upto 20 weeks |
Opinion of 1 RMP |
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Upto 20-24 weeks |
Opinion of 2 RMP |
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No time limit for foetal abnormalities dignosed |
Opinion of Medical Board |
Abortion will be only conducted if the RMP(s) are of the opinion that continuance of the pregnancy would risk the life of the pregnant woman or of grave injury to her physical/mental health or that if there is a substantial risk that the child would be born with any serious physical or mental abnormality. Also, if there are substantial foetal abnormalities and if the medical board so recommends, an RMP can conduct an abortion even after the limit of 24 weeks.
One of the most sought changes brought is the provision for confidentiality clause inserted by way of section 5A. Now, the name and other details of a woman who had undergone an abortion cannot be revealed except to a person authorized by law.
Another welcomed change in the MTP Act is that by way of explanation 1 attached therewith to section 3(2), the right of abortion in case of pregnancy due to failure of contraceptive is now extended to even unmarried women. Hence, acknowledging the right to safe abortion for an unmarried woman who otherwise faced great hardship.
Hence, the amendment of 2021 has been a progressive step in major ways as discussed above. The right of abortion is one of the most essential rights of a female and hence, our legislature should try to find more ways to smoothen out the process of safe and legal abortion for women.
Recently the Supreme Court of India in a judgment given on 29.09.2022 in the case of X Vs. The Principal Secretary Health and Family Welfare Department, Delhi NCT Government and anr, has extended the right to safe and legal abortion up to 24 weeks to unmarried and single women, saying it is the right of every woman to make reproductive choices without interference from the state. Supreme Court held that it is unconstitutional to distinguish between married and unmarried women for allowing termination of pregnancy on certain exceptional grounds when the foetus is between 20-24 weeks.
References
· The Medical Termination of Pregnancy (MTP) Act, 1971
· The Medical Termination of Pregnancy (Amendment) Act, 2021
· The Medical Termination of Pregnancy Rules, 2021
· X Vs. The Principal Secretary Health and Family Welfare Department, Delhi NCT Government & anr.