Medical Termination of Pregnancy (Amendment) Rules 2021

Why in news?

• The government has notified new rules under which the upper limit for termination of a pregnancy has been increased from 20 to 24 weeks for certain categories of women.
• The new rules are under the Medical Termination of Pregnancy (Amendment) Act, 2021 passed by the Parliament in March 2021.

Background

• Under the Indian Penal Code, 1860, voluntarily terminating a pregnancy is a criminal offence.
• The Medical Termination of Pregnancy Act, 1971 allows for aborting the pregnancy by medical doctors on certain grounds.
• A pregnancy maybe be terminated up to 12 weeks based on the opinion of one doctor, and up to 20 weeks based on the opinion of two doctors.
• As per Medical Termination of Pregnancy Act, 1971, termination is permitted only when:
  • Continuance of pregnancy would involve a risk to the life of the pregnant woman, cause grave injury to her mental or physical health (including rape and failure of birth control measures); or
  • In the case of foetal abnormalities.
  • Termination is also allowed at any point during the pregnancy if there is an immediate necessity to save the woman’s life.

Salient features of 2021 amendment:

• Increase time limit:
  • The amendment enhances the upper gestation limit from 20 to 24 weeks for special categories of women.
  • According to the Medical Termination of Pregnancy (Amendment) Rules, 2021, these categories include survivors of sexual assault or rape or incest, minors and women whose marital status changes during an ongoing pregnancy (widowhood and divorce) and women with physical disabilities.
• Relaxed norms:
  • Opinion of only one doctor will be required up to 20 weeks of gestation and of two doctors for termination of pregnancy of 20-24 weeks of gestation.
• ‘Specialists only’:
  • The amendments require the termination to be performed only by doctors with a gynaecology or obstetrics specialisation.
• State level boards:
  • Upper gestation limit (24 weeks) not to apply in cases of substantial foetal abnormalities diagnosed by state level ‘Medical Board’.
  • The composition, functions and other details of ‘Medical Board’ is prescribed in the rules under the Act.
  • According to the Medical Termination of Pregnancy (Amendment) Rules, 2021:
    • A state-level medical board will be set up to decide if a pregnancy may be terminated after 24 weeks in cases of foetal malformation and if the foetal malformation has a substantial risk of it being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped.
    • The function of the Medical Board shall be to examine the woman and her reports if she approaches for medical termination of pregnancy and provide the opinion with regard to the termination of pregnancy or rejection of a request for termination within three days of receiving the request.
    • The Board has also been tasked to ensure that the termination procedure, when advised by it, is carried out with all safety precautions along with appropriate counselling within five days of the receipt of the request for medical termination of pregnancy.
• Extension of provisions:
  • The ground of failure of contraceptive has been extended to women and her partner.
  • The amendment has introduced a change in Section 3 of the Act to cover unmarried women.
• Privacy of individuals:
  • 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.
• Punitive measures for violations:
  • The Act penalises medical practitioners who fail to protect the privacy and confidentiality of women who wish to terminate their pregnancies.

PRACTICE QUESTION:

Consider the following statements:

1. In India, termination of pregnancy is not permitted under any circumstances after 24 weeks of gestation period

2. Termination of pregnancy cannot be carried out in private institutions

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer