Issues in Medical Termination of Pregnancy (Amendment) Bill, 2020

Issues in Medical Termination of Pregnancy (Amendment) Bill, 2020

The Union Cabinet has approved the Medical Termination of Pregnancy (Amendment) Bill, 2020 to amend the Medical Termination of Pregnancy Act, 1971. The medical termination of pregnancy can only be done (by law) if there is:

• A possible health risk to the physical/mental condition of the mother.
• A potential risk to the health of the growing foetus.
• A woman gets pregnant as a result of rape.

Key features of proposed amendments:

• Proposing requirement for opinion of one provider for termination of pregnancy, up to 20 weeks of gestation and introducing the requirement of opinion of two providers for termination of pregnancy of 20-24 weeks of gestation.
• Enhancing 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 ‘vulnerable women including survivors of rape, victims of incest and other vulnerable women (like differently-abled women, Minors) etc.
• Upper gestation limit not to apply in cases of substantial foetal abnormalities diagnosed by Medical Board. The composition, functions and other details of Medical Board to be prescribed subsequently in Rules under the Act.
• Name and other particulars of a woman whose pregnancy has been terminated shall not be revealed except to a person authorised in any law for the time being in force.

Medical Termination of Pregnancy Act 1971

• The Medical Termination of Pregnancy Act 1971 was enacted to reduce the maternity mortality ratio due to unsafe abortions.
• The MTP Act only allows termination of pregnancy up to 20 weeks of pregnancy. Further, it requires a second doctor’s approval if the pregnancy is beyond 12 weeks.
• The grounds on which a pregnancy can be terminated are-
• If there is a grave risk to the physical or mental health of the woman.
• If the pregnancy results from a sexual offense such as rape or intercourse with a mentally challenged woman.

Issues of Medical Termination of Pregnancy (Amendment) Bill, 2020

The latest Medical Termination of Pregnancy (Amendment) Bill, 2020 contains some issues that are going to discuss below.s

1. The bill continuous with the legacy of hetero-patriarchal population control. Thus, men’s control over women’s bodies will continue.
2. It still requires the signature of one doctor on termination of pregnancies up to 20 weeks old. For pregnancies between 20 and 24 weeks old, approval of two doctors is required.
3. The bill mandates the setup of a Medical Board in every state. The Medical Boards require giving opinions based on the facts regarding the termination of pregnancies. However, their personal beliefs could impact their opinion.
4. The bill allows safe abortions in case of foetal “abnormalities at any stage of pregnancy. However, it does not consider valid situations for abortion like personal choice, sudden separation or death of a partner or domestic violence.
5. the word ‘women’ is used in the proposed bill. This can deny access to safe abortion to transgender, intersex, and gender diverse persons.