Medical Termination of Pregnancy (Amendment) Act, 2021

• Vaid's ICS, Lucknow
• 10, Aug 2021

Why in News?

Recently, the Delhi High Court has allowed the medical termination of pregnancy of a woman who had completed 22 weeks of gestation as the foetus was suffering from multiple abnormalities.

In News

Recently, the Delhi High Court has allowed the medical termination of pregnancy of a woman who had completed 22 weeks of gestation as the foetus was suffering from multiple abnormalities.

Background:

• As per the Indian Penal Code, 1860 voluntarily terminating a pregnancy was considered a criminal offence.
• The Medical Termination of Pregnancy (MTP) Act 1971 in India stipulates a ceiling of 20 weeks for termination of pregnancy on certain grounds, beyond which abortion of a foetus is statutorily impermissible.
• The Medical Termination of Pregnancy (Amendment) Act, 2021 amended the Medical Termination of Pregnancy Act, 1971 (MTP Act) and follows the earlier MTP Bills of 2014, 2017 and 2018, all of which previously lapsed in Parliament.

Issues with the current MTP Act 1971:

• Lack of autonomy to women bearing child: At all stages of the pregnancy, the healthcare providers, rather than the women seeking an abortion, have the final say on whether the abortion can be carried out.
• Biased against unmarried women: The applicability of this provision to unmarried women are contested and unclear.
  • The ‘grave injury’ clause includes pregnancy occurring due to failure of any birth control device or method used by any “married woman or her husband”.
• Foetal abnormalities: Usually, the foetal anomaly scan is done during the 20th-21st week of pregnancy & some women realise the need for abortion post 20 weeks.
  • 20 weeks is limited if there is a lethal anomaly in the foetus.
• Not considering economic choices: The law does not accommodate non-medical concerns over the economic costs of raising a child, effects on career decisions, or any other personal considerations.
• Recent reports have shown that more than 10 women die every day due to unsafe abortions in India, and backward abortion laws only contribute to women seeking illegal and unsafe options.

Key Provisions of the MTP (Amendment) Act 2021:

• Extended length for termination of pregnancy: The Act increases the gestation period of women seeking abortion up from 20 weeks to 24 weeks.
• Cases of special categories of women: It allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain special categories of women between 20 and 24 weeks.

• The “special categories of women” include rape survivors, victims of incest, the differently-abled and minors.
• In case of the gestational period beyond 24 weeks, pregnancy may be terminated only in cases of substantial foetal abnormalities diagnosed by the Medical Board or if there is a threat to the life of the mother.
• Opinion of only one provider will be required up to 20 weeks of gestation and two providers for termination of pregnancy of 20-24 weeks of gestation.

Failure of Contraceptive: It allows unmarried women also to terminate a pregnancy in case of failure of the contraceptive method or device.

The ground of failure of contraceptives can now be used for abortion up to 20 weeks.

• Setup of Medical Boards: All state and union territory governments will constitute a Medical Board.
  • The Board will decide if pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities.
• Ensuring confidentiality/privacy of Pregnant Women: Name and other particulars of a woman whose pregnancy has been terminated shall not be disclosed other than to a person authorised in any law for the time being in force.
• Requirement of doctors: Opinion of only one doctor will be required up to 20 weeks of gestation and two doctors for termination of pregnancy of 20-24 weeks of gestation.

Facts  For Prelims:

Pensilungpa Glacier

• Pensilungpa Glacier is retreating due to an increase in the temperature and a decrease in precipitation during winters.
• Location: Zanskar, Ladakh.
• The Zanskar Range is a mountain range in the union territory of Ladakh that separates Zanskar from Ladakh.
• Geologically, the Zanskar Range is part of the Tethys Himalaya.
• The Marbal Pass and many other passes which connect Ladakh with Kashmir are in this area.
• 13000 feet high Zojila Pass is in the extreme northwest of the Zanskar range.

PM-DAKSH’ Portal

• The Union Minister for Social Justice and Empowerment launched an online ‘PM-DAKSH’ portal and a mobile application to make skill development schemes accessible to the target groups of Backward Classes, Scheduled Castes and sanitation workers.
• Salient features: 
  • It will make available all information related to skill development at one place for Scheduled Castes, Backward Classes and sanitation workers.
  • It has the facility to register with the training institute and for the programme of one’s interest.