The Rajya Sabha has passed the Medical Termination of Pregnancy (Amendment) Bill, 2021 to amend the Medical Termination of Pregnancy Act, 1971 (“MTP Act”) on 17th March, 2021.
“The Medical Termination of Pregnancy (Amendment) Bill, 2021 is for expanding access of women to safe and legal abortion services on therapeutic, eugenic, humanitarian or social grounds. The amendments include substitution of certain sub-sections, insertion of certain new clauses under some sections in the existing Medical Termination of Pregnancy Act, 1971, with a view to increase upper gestation limit for termination of pregnancy under certain conditions and to strengthen access to comprehensive abortion care, under strict conditions, without compromising service and quality of safe abortion.”[1]
The Salient features of the amendments are:
- The gestation period has been increased from existing 20 weeks to 24 weeks “for special categories of women” such as survivors of rape or other vulnerable women. “Special categories of women” will be defined under the Rules made under this Bill. (Section 3 of MTP Act)
- Opinion of one registered medical practitioner would be required for termination of pregnancy of upto 20 weeks, however, in cases of 24 weeks, the opinion of two registered medical practitioners will have to be taken into consideration. (Section 3 of MTP Act)
- The gestation period of 24 weeks for termination of pregnancy shall not apply in cases of substantial foetal abnormalities diagnosed by a Medical Board. (Section 3 of MTP Act)
- Every State Government and Union Territory shall be obligated to constitute a Medical Board for the purposes of this Bill. The Composition of Medical Board as prescribed under the Bill shall consist of: Gynaecologist; Paediatrician; Radiologist or Sonologist; and other members as may be notified in the Official Gazette by the State Government or Union territory. (Section 3 of MTP Act)
- The name and other particulars of a woman whose pregnancy has been terminated should not be revealed by the registered medical practitioner except to a person authorised by any law for the time being in force. Contravention of the same would result in imprisonment or fine or both. (Section 5A, inserted)
*Tanvi Singh, Editorial Assistant has put this story together.
[1] Rajya Sabha, Press Release, https://pib.gov.in/PressReleasePage.aspx?PRID=1705381
