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Medical Termination of Pregnancy
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(MTP) Act, 1971
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Medically Reviewed by Dr. Monika Dubey
Written by Charu Shrivastava, last updated on 29 September 2023 | 3 min read
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Quick Summary
The MTP Act was amended in 2021 by the passage of the MTP Amendment Act
2021.
The MTP Amendment Act 2021 allowed all women to obtain safe abortion services
on the grounds of contraceptive failure.
The MTP Amendment Act 2021 increased the gestational limit for specific
categories of women to 24 weeks.
Table of Contents
1 The Medical Termination of Pregnancy Act, 1971
2 Shortcomings of the MTP Act 1971
3 The Medical Termination of Pregnancy (Amendment) Act, 2002
4 The Medical Termination of Pregnancy (Amendment) Act, 2021
5 Shortcomings of the MTP Act 2021
6 Takeaway
7 Frequently Asked Questions
8 References
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.
The Medical Termination of Pregnancy Act, 1971
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.
1. Section 312 and 313 cover the offence of causing miscarriage.
2. Section 314 deals with the death of women during a miscarriage.
3. Section 315 and 316 are related to injury caused to the unborn child.
4. Section 317 deals with the abandonment and exposure of an infant.
5. Section 318 deals with the concealment of the birth of a child.
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:
1. The pregnancy arises from crimes such as sexual assault or rape.
2. It causes a risk or danger to the woman’s physical or mental health.
3. The child has a risk of being born with a physical or mental malformation.
4. Girls under 18 who are insane or lunatic cannot get their pregnancy terminated without
the written consent of a parent or guardian.
5. Abortion is allowed till the 20th week of pregnancy.
6. Abortion up to 12 weeks of pregnancy requires the opinion of one registered medical
practitioner.
7. Abortion between 12 to 20 weeks requires the opinion of two registered medical
practitioners.
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.
Shortcomings of the MTP Act 1971
The law was criticised due to its several shortcomings, which include:
1. Several tests are performed in the 20th week of pregnancy to detect abnormalities that
are only confirmed after the 20th week. However, the act did not allow the termination
of pregnancy beyond 20 weeks.
2. It failed its basic objective of offering safety and empowerment to pregnant women by
restricting them from terminating the pregnancy of their free will.
3. It was introduced in 1971 when technology was not highly evolved. Hence, there was a
need for new provisions as per the evolutions in technology.
4. It increased the complexity of legal procedures.
5. Even married women had to prove contraceptives’ failure to terminate their pregnancy,
violating the fundamental right to privacy.
Due to these shortcomings, the Medical Termination of Pregnancy (Amendment) Act 2002
was introduced.
The Medical Termination of Pregnancy (Amendment) Act,
2002
The following provisions were taken into account in the Amendment Act:
1. A committee operated at the district level was responsible for deciding whether private
establishments could provide abortion services.
2. One needed to strictly comply with the provisions of time and location for pregnancy
termination under the act. Otherwise, harsh penalties were implemented.
3. For psychological illnesses, the term ‘lunatic’ was substituted with ‘mentally ill person.’
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.
The Medical Termination of Pregnancy (Amendment) 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:
1. The act has increased the gestation period for termination of pregnancy from 20
weeks to 24 weeks for special categories of women, including rape and incest victims,
physically disabled women, minors, widows, and other vulnerable women.
2. Abortion up to 20 weeks of gestation requires the opinion of one registered medical
practitioner.
3. Abortion from 20-24 weeks of gestation requires the opinions of two registered medical
practitioners.
4. The act protects the privacy and confidentiality of women who opt for termination of
pregnancy.
5. It allows unmarried women to access safe abortion for pregnancies due to
contraceptive failure.
Shortcomings of the MTP Act 2021
Like the previous acts for pregnancy termination, the MTP Act 2021 also has certain
shortcomings, which include:
1. The act offers different opinions on termination. While one opinion considers abortion
as the choice of the pregnant woman and a part of her reproductive rights, the other
links abortion to state-sanctioned conditions, protecting the foetus rather than the
woman’s life.
2. It allows abortion after 24 weeks only for special categories of women. Other women
will still face legal ramifications for wanting an abortion after 24 weeks.
3. Abortion can be performed only by doctors specialising in gynaecology or obstetrics.
Due to the shortage of these doctors in rural areas, women may lack access to safe
abortions.
Takeaway
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.
Frequently Asked Questions
Is abortion permitted in India?
Yes, abortion is permitted up to 20 weeks of pregnancy in India. You may do so based
on the following criteria:
1. When your doctor declares that carrying the pregnancy to term poses a risk to
your life and could seriously harm your physical or mental health.
2. When your doctors note that there is a significant chance that the child would be
severely disabled and might have physical or mental problems if they were to be
born
3. When you assert that the failure of birth control methods is the reason for your
pregnancy
4. When rape or incest is the cause of your pregnancy. (In this country, the window
for an abortion can be extended to 24 weeks with the consent of two registered
medical practioners.)
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