Medical Termination of Pregnancy Bill 2020

What is the news?

• The Rajya Sabha on Tuesday passed the Medical Termination of Pregnancy (Amendment) Bill, 2020 which increases the time period within which an abortion may be carried out.
• Opposition MPs said the Bill still did not give women the freedom to decide since they would need a nod from a medical board in the case of pregnancies beyond 24 weeks.
• Currently, abortion requires the opinion of one doctor if it is 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.
• For a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities, the opinion of the State-level medical board is essential.

Medical Termination of Pregnancy Bill 2020 or Abortion Law

• It is related to abortion, procedures and conditions of abortion.
• India does not allow free abortions, only when there is a risk of life or substantial abnormalities of the child. Hence certification of Medical practitioner.

Amendements to MTP Act, 1971

• It seeks to enhance the upper gestation period from 20 to 24 weeks for special categories of women that will be defined. The extension is important as in 1st 5 months of pregnancy, some women realise the need for abortion very late.
• Usually, a foetal anatomy scan is done during the 20-21st week of pregnancy.
• It will include vulnerable women including survivor of rape, victims of incest.

Difference between 1971 Act and 2020 Bill

• 1971 Act allowed termination of pregnancy for 20 weeks. But the 2020 Bill says 24 weeks.
• If substantial physical and mental injury to a child, or if pregnancy risks or is a grave injury to the life of the mother, then she can abort.
• If the termination is for < 12 weeks then 1 Medical practitioner’s permission is required. If it is in between 12 to 24 weeks, 2 Medical practitioners. If > 24 weeks then Medical Board's permission is needed.
• According to Section 3(2); Abortion extended to only the failure of married women or husbands. This is replaced by "A woman and her partner".
• Her identity should not be disclosed except to a person who is authorised by the law. If it is breached then penalty of 1 year or fine or both.
• MTP Act divides the regulatory framework for allowing abortions into categories, according to Gestational age of foetus.

Issues in 1971 Act:

• Reports show that > 10 women die everyday due to unsafe abortions in India and backward abortion laws only contribute to weomen seeking illegal and unsafe options.
• In 2008, a petition was filed by Haresh and Niketa.= Mehta to abort in 22 week.
• High Court does not provide women in final say unlike 67 countries where women can get an abortion on request with or without a specific gestation limit (usually 12 weeks).
• Prejudice against unmarried women - According to Section 3 (2) pregnancy because of failure of any birth control device
• Issue is that some child's abnormalities is found > 20 weeks.

Still there are issues in 2020 Bill

• It does not allow abortion on request at any point after pregnancy.
• It does not take a step towards removing the prejudice against unmarried women.
• It enhances the gestation limit from 20 to only 24 weeks in certain cases of women like rape survivors, victims of incest and minors.
• The question of abortion needs to be decided on the basis of human rights. In the landmark, US SC judgement Roe vs Wade, the judges held that US constitution protects a women's right to terminate her pregnancy. Ultimately nations will have to decide the outer limit also based on the capacity of their health systems to deliver based on the capacity of their health systems to deliver care without danger to life of mother, there is no uniform gestation viability for abortion.