MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT 2020.गर्भावस्था की चिकित्सा अवधि (संशोधन) अधिनियम 2020
On 16th March 2021, the Rajya Sabha passed the Medical Termination of Pregnancy (Amendment) Bill, 2020.
The Bill increases the time period within which an abortion can be legally carried out. The Bill amends the Medical Termination of Pregnancy Act, 1971.
The Bill was passed in the Lok Sabha in March 2020.
The Debate surrounding Abortion
Two schools of thought over abortion:
1. Terminating a pregnancy is the choice of the pregnant woman, and a part of her reproductive rights.
2. The state has an obligation to protect life, and hence should provide for the protection of the foetus.
Abortion laws and timelines are framed in India based on foetal health, and risk to the pregnant woman.
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.
Medical Termination of Pregnancy Act, 1971 Termination is permitted only when:
1. Continuance of the pregnancy would involve a risk to the life of the pregnant woman,
2. Cause grave injury to her mental or physical health (including rape and failure of birth control measures for a married woman),
3. In the case of foetal abnormalities,
4. At any point during the pregnancy if there is an immediate necessity to save the woman's life.
f these conditions are fulfilled, then:
PA pregnancy maybe be terminated up to 12 weeks based on the opinion of one doctor. Up to 20 weeks based on the opinion of two doctors.
The abortion must be conducted at:
A hospital established or maintained by Government, or A place for the time being approved by Government or a District Level Committee.
Demands for Amendment Several Writ Petitions have been filed by women seeking permission to abort pregnancies beyond 20-weeks due to foetal abnormalities or rape.
In 2019, a brutally raped minor was forced to give birth to her rapist's child after a High Court denied her request for abortion.
Examined first by a doctor at 19 weeks of pregnancy; doctor refused to perform an abortion even though it was permitted under the law By the time her petition was heard by a court of law, her pregnancy
had crossed the 20 week limit.
Scientists now say that the 20-week limit on abortion is based on outdated medical concepts from the 1970s.
New developments in medical science allow for safer abortions in advanced stages of pregnancy.
Today, medical technologies have made it possible to identify chromosomal abnormalities in a foetus even in the
later stages.
Usually, the foetal anomaly scan is done during the 20th to 21st week of pregnancy.
No Access to ultrasound in many rural areas.This delays the diagnosis of many fetal anomalies.The heart 2D ECHO (utrasound of the heart) of the foetus-
20-24 weeks.
In 2014, the Ministry of Health and Family Welfare had tried to bring the amendments. Controversy as one of the proposed amendment expanded the definition of legal abortion providers
to include trained nurses, auxiliary nurse-midwives (ANMs) and doctors practising Ayurveda, Homeopathy, Unani and Siddha.
***Like the existing Act of 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.
Comments