• The Medical Termination of Pregnancy Act, 1971 (“MTP Act”) was passed due to the progress made in the field of medical science with respect to safer abortions.
• The landmark 1973 Roe v. Wade judgment that legalised abortion in the US has been struck down by the Supreme Court’s conservative majority.
• In a historic move to provide universal access to reproductive health services, India amended the MTP Act 1971 to further empower women by providing comprehensive abortion care to all.
• The new Medical Termination of Pregnancy (Amendment) Act 2021 expands the access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure universal access to comprehensive care.
• 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.
• It allows unmarried women to also terminate a pregnancy for this reason.
• Puttaswamy v. Union of India and others, the Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution.

Opinion Needed for Termination of Pregnancy:

• Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.
• Opinion of two RMPs for termination of pregnancy of 20-24 weeks of gestation.
• Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.

Upper Gestation Limit for Special Categories:

• Increases the upper gestation limit from 20 to 24 weeks for special categories of women, The seven specific categories are:
• Survivors of sexual assault or rape or incest.
• Change of marital status during the ongoing pregnancy (widowhood and divorce).
• Women with physical disabilities.
• Mentally ill women.
• Foetal malformation that has a substantial risk of being incompatible with life or if the child is born, he/ she may suffer from serious physical or mental abnormalities.
• Women with pregnancy in humanitarian settings or disaster or emergency situations.

Confidentiality:

• 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.

Model Question

Q. With reference to the Medical Termination of Pregnancy (MTP) Amendment Act, 2021, consider the following statements :

1. The Act increases the upper gestation limit from 20 to 24 weeks for special categories of women.
2. Under the Act, opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks.

Which of the statements given above is /are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer : C

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