Voluntary termination of pregnancy is a criminal offense as per the Indian Penal Code 1860. The Medical Termination of Pregnancy (MTP) Act 1971 was an exception to this case. It allowed abortions under the supervision of medical doctors (with specified specialization) on certain grounds. The Medical Termination of Pregnancy Bill 2020 was introduced by Lok Sabha on March 12, 2020, for making certain amendments in the existing act. This bill was passed by Lok Sabha and Rajya Sabha on 17 th March 2020 and 16th March 2021 respectively. The amendments to the new bill increase the time period within which an abortion can be legally conducted.
A comparison of the MTP Act 1971 and MTP Bill 2020 based on the time limit and grounds for terminating a pregnancy at different gestational periods is given below:
OTHER KEY FEATURES
Pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device. This reason is applicable to unmarried women also.
Medical Boards under State level and Union Territory governments will decide if pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities.
The medical board will consist of:
A gynecologist
A pediatrician
A radiologist/Sonologist,
And any other member notified by the State Government
A registered practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorized by law. Violation is punishable with imprisonment up to a year, a fine, or both.
KEY ISSUES
Categories of women who can terminate a pregnancy between 20-24 weeks not specified.
The bill does not provide a time frame within which the board must make its decision.
Unclear if transgender persons will be covered.
Unavailability of qualified medical professionals to terminate pregnancies.
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