Medical Termination of Pregnancy Act, 2021 (Abortion Laws in India) [MTP Act 2021] Rules 2021

Описание: Medical Termination of Pregnancy Act, 2021 (Abortion Laws in India), [MTP Act 2021] MTP act 1971 and Rules 2021

The new Medical Termination of Pregnancy (Amendment) Act 2021 expands the access to safe and legal abortion services on therapeutic, sound medical and social grounds to ensure universal access to comprehensive care. The amended law will increase the ambit and access of women to safe abortion services and will ensure dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy.

Key Provisions of the MTP Amendment Act, 2021:

Termination due to Failure of Contraceptive Method or Device:

Under the Act, a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device. It allows unmarried women to also terminate a pregnancy for this reason.

Opinion Needed for Termination of Pregnancy:

1. Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.

2. Opinion of two RMPs for termination of pregnancy of 20-24 weeks of gestation.

3. Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.


Upper Gestation Limit for Special Categories:

Increases the upper gestation limit from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women (differently-abled women, minors, among others)


Confidentiality:

The “name and other particulars of a woman whose pregnancy has been terminated shall not be revealed”, except to a person authorised in any law that is currently in force.

Abortion to be performed by doctors:

The Act requires abortion to be performed only by doctors with specialisation in gynaecology or obstetrics.

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.

The new rules also cover mentally ill women, cases of foetal malformation that has a substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped and women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the government. According to the new rules, 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.

The changes consider the advances in medical technology, simplify requirement of providers, increase upper gestation limit for termination of pregnancy under specific conditions, and remove the gestation limit for cases that could burden the health system. The goal is to strengthen access to comprehensive abortion care without compromising dignity, autonomy, confidentiality, and justice for women who need safe and quality services. It is imperative now that the recent changes, rules, and regulations are adequately communicated and widely disseminated to not just service providers but also other stakeholders, such as programme managers, NGOs and the community.