Medical Termination of Pregnancy (Amendment) Bill, 2020

  • The Rajya Sabha passed the Medical Termination of Pregnancy (Amendment) Bill, 2020.  
  • The Bill seeks to amend the Medical Termination of Pregnancy Act, 1971.
  • The new amendment Bill also allows termination of pregnancy on the opinion of one doctor, at any point during the course of the pregnancy, if it is immediately necessary to save pregnant woman's life.
  • The “name and other particulars of a woman whose pregnancy has been terminated shall not be revealed”, except to a person authorised in any law that is currently in force.
  • Voluntarily terminating a pregnancy is a criminal offence, under section 45 of the Indian Penal Code, 1860. 
  • In 1971, the Medical Termination of Pregnancy Act, was introduced to allow abortion by medical practitioners (gynaecologists and obstetricians) on certain grounds. 

TERMINATION UPTO 20 WEEKS

  • 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.
  • Opinion of one registered medical practitioner is required (instead of two or more) for termination of pregnancy up to 20 weeks of gestation.

TERMINATION BETWEEN 20-24 WEEKS

  • Opinion of two registered medical practitioners is required for termination of pregnancy of 20-24 weeks of gestation.
  • Pregnancies between 20 to 24 weeks can be terminated if: 

  1. The pregnancy involves risk of life to the pregnant woman. 
  2. Risk of grave injury to her physical or mental health (rape survivors, differently abled women, victims of atrocities, minors, etc). 
  3. Foetal/Chromosomal anomaly – Substantial risk that if the baby is born, he or she will suffer from serious physical or mental disabilities.

TERMINATION BEYOND 24 WEEKS

  • Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
  • Every state government is required to constitute a Medical Board, comprising:

  1. A gynaecologist, 
  2. A paediatrician, 
  3. A radiologist/sonologist, and 
  4. Other members notified by the state government.
CRITICISM
  • The Amendment Bill allows abortion after 24 weeks only in cases where a Medical Board diagnoses substantial foetal abnormalities. 
  • Therefore, in cases of rape, where pregnancy exceeds 24-weeks, the only recourse remains through a Writ Petition. 
  • The Act (and the Bill) require abortion to be performed only by doctors with specialisation in gynaecology or obstetrics. 
  • There is a 75% shortage of such doctors in community health centers in rural areas, making it difficult for many to access safe abortions.
  • The Bill still does not give women the freedom to decide, since she will need an approval from a state medical board in the case of pregnancies beyond 24 weeks.

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