Explained: Medical Termination of Pregnancy (Amendment) Bill 2020

Medical Termination of Pregnancy Amendment Bill 2020: Why in News?

Medical Termination of Pregnancy Amendment Bill 2020 was passed in Lok Sabha recently. The Bill seeks to amend the Medical Termination of Pregnancy Act, 1971. The Act increases the time period within which an abortion may be carried out. 

MTP Bill 2020: Timeline

Introduced in Lok Sabha- March 2, 2020

Passed in Lok Sabha- March 17, 2020

Passed in Rajya Sabha- March 16, 2020

Medical Termination of Pregnancy Amendment Bill 2020: Key Details

1. The original Bill was framed in 1971
2. As per the Act, the pregnancy can be terminated within up to 20 weeks by a married woman in the case of failure of contraceptive method or device. 
3. This same Bill also allows unmarried women to terminate her pregnancy for the above mentioned reason.
4. The opinion of a registered medical practitioner is required for termination of pregnancy up to 20 weeks of gestation. Earlier it was for two or more. 
5. However, the opinion of two registered medical practitioners would be required for the termination of pregnancy of 20-24 weeks of gestation.
6. Moreover for the pregnancy cases of over 24 months, the state level medical board's opinion is required for its termination. 
7. At present, the abortion requires opinion of one doctor for those being done within 12 weeks of conception, and two doctors if it is done between 12 and 20 weeks. The Bill allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain categories of women between 20 and 24 weeks.
8. It enhances the upper gestation limit from 20 to 24 weeks for special categories of women which will be defined in the amendments to the MTP Rules and would include survivors of rape, victims of incest and other vulnerable women etc. 

9. A registered medical practitioner is only allowed to disclose the details of a woman whose pregnancy has been terminated to a person authorized by law.  

   Punishment- Violation of privacy is punishable with imprisonment up to a year, a fine, or both.

Take a look at the table below to  remember:

Medical Board Details: 

The Bill asks to set up state level Medical Boards to decide if a pregnancy must be terminated after 24 weeks in cases of substantial foetal abnormalities.

The Medical Board would consist of 

(i) a gynaecologist

(ii) a paediatrician

(iii) a radiologist or sonographer

(iv) any other number of members, as may be notified by the state government

Medical Termination of Pregnancy Act 2020: Issues and Analysis

1. Various opinions are there considering abortions. As per an opinion, terminating a pregnancy is the choice of the pregnant woman. It is also a part of her reproductive rights. 
2. Another is that the state is obligated to protect life, and thus it must provide for the protection of the foetus.   
3. In India, various writ petitions  are informed to be filed by women seeking permission to abort pregnancies beyond 20-weeks due to foetal abnormalities or rape.  
4. The Bill also allows abortion after 24 weeks only in the case of Medical Board diagnosing substantial foetal abnormalities. Thus in the case of an abortion due to rape, exceeding 24-weeks, the only recourse left with a woman is Writ Petition.
5. The Bill is silent about the categories of women who can terminate pregnancies between 20-24 weeks and leaves it to be prescribed through Rules. Many argue that matters must be specified by Parliament and not delegated to the government.  
6. The Act enlists that abortion must be performed only by doctors with specialization in gynaecology or obstetrics.  As per facts there is a 75% shortage of such doctors in community health centers in rural areas, pregnant women may continue to find it difficult to access facilities for safe abortions.

The Bill claims to be progressive and also mentions the word partner in place of husband. It however does not give full autonomy to the woman for her body as after 24 weeks one still requires writ petition to abort the child. The Government needs to give this a thought too. 

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