The new Medical Termination of Pregnancy (Amendment) Act 2021 expanded the access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds. Among the key changes introduced by the Act were the right to terminate unwanted pregnancies caused by contraceptive failure, regardless of a woman’s marital status.
The new law, which came into force on 25 March 2021, was expected to contribute towards ending preventable maternal mortality. “This is a win for the collective wish of women in India. The amendments have increased the ambit and access of women to safe and legal abortion services,” Dr Sumita Ghosh, additional commissioner, Comprehensive Abortion Care, Child Health and Adolescent Health, Ministry of Health and Family Welfare (MoHFW), Government of India had said.
The changes under the Act consider advances in medical technology, simplify requirement of providers, increase upper gestation limit for termination of pregnancy under specific conditions, remove the gestation limit for cases that could burden the health system, strengthen access to comprehensive abortion care without compromising dignity, autonomy, confidentiality, and justice.
The key points in the Medical Termination of Pregnancy (Amendment) Act 2021 are:
- Increasing 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)
- The opinion of one provider needed for the termination of pregnancy up to 20 weeks of gestation. Requirement of the opinion of two providers for the termination of pregnancy from 20-24 weeks of gestation
- Upper gestation limit to not apply in cases of substantial foetal abnormalities diagnosed by a Medical Board
- Confidentiality clause. The name and other particulars of a woman whose pregnancy has been terminated cannot be revealed except to a person authorised by law
- Extended MTP services under the failure of contraceptive clause to unmarried women to provide access to safe abortion based on a woman’s choice, irrespective of marital status