An act on abortion was permitted in India under various conditions under MTP Act, 1971. The MTP Act was amended in 2021 by the passage of the MTP Amendment Act 2021, which allowed all women to obtain safe abortion services on the grounds of contraceptive failure, increased the gestational limit for specific categories of women to 24 weeks, and required up to 20 weeks of gestation for a provider's opinion.
As per law, the term abortion refers to the premature termination of pregnancy before the full growth of the foetus. Today, abortion is a widely accepted practice across various countries in the world. However, earlier, abortion was considered an illegal practice in India for a very long time. Several women died trying to terminate the pregnancy either in an illegal way or with unhygienic methods. Read on to learn more about the termination of pregnancy under the MTP Act, 1971 and its amendments.
According to the legislation, an abortion is the early termination of a pregnancy before the foetus has reached its full size. Abortion is now a practise that is widely accepted in many nations throughout the world. However, for a very long period, abortion was regarded as an unlawful practise in India. Several women lost their lives while attempting to end their pregnancies, either through unlawful means or inhumane means. Anyone who tried premature termination of pregnancy with illegal methods was subjected to a punishment of imprisonment and a fine.
Due to these reasons, the legislature of India realised that making abortion illegal was negatively affecting women’s health with unwanted pregnancies. As a result, a Medical Termination Bill was proposed in the Lok Sabha and Rajya Sabha in 1969 and passed by the parliament in 1971. With this law, known as “The MTP Act, 1971,” the termination of pregnancies was legalised. However, it did not apply to all types of pregnancies.
Before 1971, abortion was considered illegal in India. However, there were certain provisions related to abortion in Section 312 to Section 318 of the Indian Penal Code, 1860.
As per the MTP Act, 1971, a woman can get her pregnancy terminated only in Government-approved hospitals by a registered medical practitioner. Section 3 of the MTP Act, 1971 laid down some conditions under which a pregnancy can be terminated. These conditions include:
Under the MTP Act, 1971, only married women and rape victims were allowed to terminate their pregnancies. Unmarried women, divorced women, or widows were deprived of this right, due to which they either continued their pregnancies or opted for illegal methods of abortion.
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The law was criticised due to its several shortcomings, which include:
Due to these shortcomings, the Medical Termination of Pregnancy (Amendment) Act 2002 was introduced.
The following provisions were taken into account in the Amendment Act:
The MTP Act 2002 bought some changes. However, several amendments were still to be made that were introduced in the form of the Medical Termination of Pregnancy Act, 2021.
With the advent of technology in the healthcare sector, there was a need for better laws regarding abortion. Thus came the Medical Termination of Pregnancy (Amendment) Act, 2021. The act addresses several issues, ranging from the right to privacy to female foeticide. It aims to decrease the preventable maternal mortality rate by broadening the applicability of the MTP Act 1971. The salient features of the Amendment Act 2021 include:
Like the previous acts for pregnancy termination, the MTP Act 2021 also has certain shortcomings, which include:
The Medical Termination of Pregnancy Act 2021 offers provisions for safe and legal abortions for unplanned pregnancies. It is commendable how the Government has balanced the laws for legal abortion with the country’s societal belief system and cultural diversity. However, the Government still needs to do much more to end the practice of illegal abortions.
Have queries regarding abortion? You can consult an HexaHealth expert to talk about safe abortion practices. From consultation to finding the right hospital, we can help you avail termination of pregnancy as per the abortion laws in the country.
Yes, abortion is permitted up to 20 weeks of pregnancy in India. You may do so based on the following criteria:
According to the MTP Act of 1971, a woman may only have her pregnancy terminated by a licenced physician in a hospital that has been sanctioned by the government. The MTP Act of 1971's Section 3 set forth a few circumstances in which a pregnancy may be terminated. Only married women and rape victims were permitted to end their pregnancies under the MTP Act of 1971. Because they were denied this option, single women, divorcees, and widows either carried on with their pregnancies or chose illegal abortion procedures.
Better abortion legislation was required with the development of technology in the healthcare industry. The Medical Termination of Pregnancy (Amendment) Act, 2021, was born as a result. The legislation covers a wide range of topics, including the right to privacy and female foeticide. By extending the scope of the MTP Act's 1971 applicability, it seeks to reduce the rate of preventable maternal mortality.
Contrary to the original Act, which only allowed married women to use pregnancy termination as a last resort in the event that contraceptive methods or devices failed, the amendment consents to allow pregnancy termination to "unmarried women" as well, i.e., regardless of their marital status.
For foetal malformations determined by the Medical Boards, women or couples may choose to end a pregnancy at any stage throughout the gestation period.
Pregnant women, women with disabilities, minors, and victims who claim that their pregnancy was caused by rape, sexual abuse, or incest may request termination up to twenty-four weeks after conception with the advice of a certified medical practitioner. With the approval of the Medical Board, a specific exception permits no maximum gestational age in cases of foetal impairment. For the termination of pregnancies up to twenty to twenty-four weeks, two qualified medical practitioners' views are also basically required.
The revised abortion rules continue to be based more on medical advice than on a woman's preference for ending her pregnancy. Women no longer have full discretion over their reproductive options.
It is indisputable that the idea and practise of pregnancy termination are morally questionable. But because abortion is stigmatised, even the medical profession forbids procedures when pregnant women are asked to bring their partners or parents for acceptance and procedural compliance.
The clinic mostly requires the following two documentations for medical abortions:
The four most common justifications for abortion in India are as follows:
Due to the MTP Act's specific reference to "women," including transgender people, genderqueer people, and people who identify as gender non-conforming, abortion services are not available to them.
Pregnancy termination by a person who is not a licenced medical professional is a crime punished by strict imprisonment for a time that must not be less than two years but may reach seven years.
No pregnancy may be terminated in conformity with this Act anywhere other than (a) a hospital created or maintained by the government, or (b) a location currently approved by the government or a District Level Committee for the purposes of this Act.
No, according to the MTP Act 1971, Indian law considers conception, pregnancy, and abortion to be the woman's sole, inalienable right. This is why it is against the law for a doctor to request your husband's permission if you are over 18, are within the pregnancy's maximum gestation, and are otherwise healthy enough to have an abortion.
Last Updated on: 29 September 2023
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