Medical Termination of Pregnancy (MTP) Act

The Medical Termination of Pregnancy (MTP) Act was brought into force in the year 1971 to address the challenge of maternal mortality owing to unsafe abortions.

The Union Government in the 1960’s constituted the Shantilal Shah Committee to give its opinion on the legislation of the abortion law in India.
This was brought in to control the unsafe abortions which was taking place in the country.
Recently, the amendment was made to the Medical Termination of Pregnancy (MTP) Act.
After the amendment was done to the Medical Termination of Pregnancy (MTP) Act, broader provisions were inserted.
Post amendment, the time duration for medical abortion has been extended from 20 weeks to 24 weeks.
But this is allowed only in specific cases after the recommendation from the medical personnel.
It is mentioned that upto 20 weeks of the gestational period the recommendation of one medical practitioner is required but when it is for the period between 20-24 weeks recommendation of two medical practitioners are required.

There is a provision for termination even after 24 weeks but there are formalities associated with it.
It can be done on the grounds of foetal abnormalities in the women, if it poses severe risk to her health.
Each state under the act is empowered to constitute a board, a four member medical board which can give the permission.

In the landmark case of the Justice K.S. Puttaswamy v. Union of India, the court held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution.
Apart from this there are instances every year where numerous cases approach the courts to against the medical board’s decisions.

According to the data of the Ministry of Health and Family Welfare, there is severe shortage of obstetrician-gynaecologists.
In India there is a shortage of about 70% in the rural areas according to the data.
So the MTP Act which requires the obstetrician-gynaecologists to perform the termination poses a huge challenge to the public health infrastructure.
There is criticism that this law might push women to take up the termination through illicit means which poses further danger to the health of the women.

Source The Hindu

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