Medical Termination of Pregnancy (MTP) Act

WHY IN NEWS?

The Union Cabinet approved the Medical Termination of Pregnancy (Amendment) Bill, 2020, to amend the Medical Termination of Pregnancy Act, 1971.

ABOUT MEDICAL TERMINATION OF PREGNANCY ACT, 1971

• The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for making Comprehensive Abortion Care (CAC) services available in India.
• Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below:

1. When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
2. When there is substantial risk that the child, if born, would be seriously handicapped due to physical or mental abnormalities;
3. When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
4. When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).

• The MTP Act specifies – (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated.
• The MTP Rules and Regulations, 2003 detail training and certification requirements for a provider and facility; and provide reporting and documentation requirements for safe and legal termination of pregnancy.
• As per the MTP Act, pregnancy can be terminated only by a registered medical practitioner (RMP) who meets the following requirements:
  • has a recognized medical qualification under the Indian Medical Council Act
  • whose name is entered in the State Medical Register
  • who has such experience or training in gynaecology and obstetrics as per the MTP Rules
• The MTP Act details that for terminations up to 12 weeks, the opinion of a single Registered Medical Practitioner (RMP) is required and for terminations between 12 and 20 weeks the opinion of two RMP's is required. However, termination is conducted by one RMP.
• All government hospitals are by default permitted to provide CAC services.
• Facilities in the private sector however require approval of the government.

Medical Termination of Pregnancy (Amendment) Bill, 2020

• The proposed amendment seeks to enhance the upper gestation limit from 20 to 24 weeks for special categories of women that will be defined in the amendments to the Medical Termination of Pregnancy Rules and will include “vulnerable women including survivors of rape, victims of incest” and others like differently abled women and minors.
• Also, the upper gestation limit will not apply to cases of substantial foetal abnormalities diagnosed by the Medical Board.
• 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.

Prelims Question

Q. With reference to the Medical Termination of Pregnancy (MTP) Act, 1971, which of the following statements is/are INCORRECT?
1. Termination of pregnancy is not allowed beyond 12 weeks of gestation
2. Termination of pregnancy cannot be carried out in private institutions
Select the correct answer using the code given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

Answer to the Prelims Question