Amendment To The Medical Termination Of Pregnancy Act Of 2021
The Medical Termination of Pregnancy (Amendment) Act of 2021 amends the MTPA of 1971 by increasing the maximum abortion period for certain women from 20 to 24 weeks. The Amendment increases the maximum gestation period for some groups of women from 20 to 24 weeks. These groups, which would be listed in the MTPA 2021, include rape survivors, incest victims, and other vulnerable women (such as women with disabilities and minors), among others.
The Medical Termination of Pregnancy Act, 1971 was amended on March 16th, 2021, by the Medical Termination of Pregnancy (Amendment) Act, 2021 (MTPA 2021). Pregnancy termination is generally governed by the Act. The abortion window is widened by the measure. The safety and well-being of women in the nation will benefit from this legislation, which is a positive development.
Recently, a number of petitions asking for permission to terminate unwanted pregnancies at a gestational age over the already permitted limit because of fetus abnormalities or pregnancies brought on by sexual assault were filed before the courts. The changes are intended to increase the range of safe abortion services that are available to women and to safeguard their rights to justice, autonomy, and dignity when it comes to ending their pregnancies.
In A Nutshell, The Amendment Would:
* Increase the maximum gestation period for certain groups of women from 20 to 24 weeks.
*One doctor's opinion is necessary if the abortion is carried out within 12 weeks of conception; if it is carried out between 12 and 20 weeks, two doctors' opinions are necessary.
* For certain groups of women, the bill permits abortion on the advice of one doctor up to 20 weeks and two doctors between 20 and 24 weeks.
Is It A Crime To Terminate A Pregnancy In India?
Under the Indian Penal Code, 1860, it is illegal to end a pregnancy voluntarily (IPC). The Medical Termination of Pregnancy Act of 1971 grants medical professionals (with specific specialization) the right to terminate a pregnancy. Any time up to 12 weeks if one doctor agrees, and up to 20 weeks if two doctors agree, a pregnancy may be ended. It is only legal to terminate a pregnancy if doing so will risk the woman's life, or injure her mental or physical health (including rape and refusing to use birth control), or result in defects in the foetus. Additionally, if it's essential to end the pregnancy at any point in order to preserve the woman's life, it is legal to do so.
It modifies the MTPA 1971 to increase the maximum time for abortion for some women from 20 to 24 weeks, remove the maximum in situations of serious foetal abnormalities, and establishes state-level medical boards. The Statement of Objects and Reasons for the Bill states that numerous cases have been filed in the Supreme Court and various High Courts asking for permission to terminate pregnancies at later stages than the Act's 20-week limit due to foetal abnormalities or pregnancies in rape cases. Additionally, it states that as medical technology develops, the legal limit for abortions may be increased, especially for vulnerable women and in cases of serious foetal abnormalities.
Reasons To Terminate A Pregnancy:
There are generally two conflicting opinions regarding the legalization of abortions. One point of view claims that the pregnant woman's choice to end the pregnancy and her right to exercise reproductive autonomy. The opposing argument is that because the state pledges to defend life, the foetus should also be safeguarded. Different nations around the world have put different standards and time limits on the legalization of abortions depending on factors including foetal viability (the point at which the foetus can live outside the womb), foetal abnormalities, or harm to the expectant mother.
The MTPA 1971 was established in India as an exception to the IPC to permit licensed medical professionals to end specific pregnancies. The Bill leaves it up to regulations to decide which women are qualified for abortions during pregnancies between 20 and 24 weeks. Some may argue that these subjects should be decided upon by Parliament rather than the executive According to the Act, a married woman may end a pregnancy up to 20 weeks after a contraceptive method or device has failed. According to the Bill, single women can also end a pregnancy for this reason.
Medical Boards;
The state and union territory governments will organize a medical board and determine its authority. If there are substantial abnormalities in the foetus, the Board will decide whether or not a pregnancy can be terminated after 24 weeks. Each Board will include members appointed by the state government, including a gynaecologist, paediatrician, radiologist/sonologist, and others.
Does The Amendment Cover Transgender People?
The Act and the Bill permit pregnant women to end their pregnancies in certain circumstances. Notably, the Transgender Persons (Protections and Rights) Act, 2019, in India acknowledges transgender as a distinct gender. According to several medical studies, transgender people (who are not necessarily women) who transition from being female to male may become pregnant after undergoing hormone therapy, necessitating the use of termination services. The Bill solely addresses women's abortions, therefore it's unclear if transgender persons will be protected by it.
What Effect Does This Modification Have?
Increasing women's access to safe and legal abortion procedures for therapeutic, eugenic, humanitarian, or societal reasons is the goal of the Medical Termination of Pregnancy (Amendment) Bill, 2021. The Medical Termination of Pregnancy Act of 1971 has undergone changes that include the replacement of a few sub-sections, the addition of a few new clauses under a few sections, raising the maximum gestational age for termination of pregnancy under certain circumstances, and strengthening access to comprehensive abortion care under stringent guidelines without sacrificing the service or quality of safe abortion.
Despite these encouraging developments for women's reproductive rights in the nation, abortion has long been the subject of contentious moral, ethical, political, and legal debates. Abortion is no more only a medical-technical issue because it is the focal point of a much larger ideological dispute in which the fundamental definitions of the family, the state, motherhood, and women's sexuality are debated.
Reproductive freedom is a personal liberty protected under Article 21 of the Indian Constitution, as recognized by the Supreme Court of India in the case of K.S. Puttaswamy v. Union of India. Article 21 of the Indian constitution does not result in a significant transfer of authority from the doctor to the woman seeking an abortion, while giving rise to a robust body of law on reproductive rights and the privacy of a woman. Abortion remains associated with state-approved conditions rather than a woman's rights as a result.