What changes did Medical Termination of Pregnancy (Amendment) Act, 2021 brought to the original act?

The Medical Termination of Pregnancy Act, 1971 was enacted after the recommendations of Shantilal Committee. It was the first step to legalise abortion in India. Through subsequent amendments the Act has been improved and has been brought in line with modern progressive ideas regarding women’s reproductive rights and bodily autonomy. 

Medical Termination of Pregnancy (Amendment Act), 2021 

• The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. 
• A woman can access abortion on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age under the amended act. 
• From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required. 
• In the previous version of the Act, the opinion of one registered doctor was required to access a medical abortion up to 12 weeks of pregnancy, for pregnancies between 12 to 20 weeks old, the opinion of two doctors was required to determine if the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health or if there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously “handicapped” before agreeing to terminate the woman’s pregnancy. 
• Further, in the Amended Act, for pregnancies between 20 and 24 weeks, rules specified seven categories of women who would be eligible for seeking termination under section 3B of rules prescribed under the MTP Act, 
  • Survivors of sexual assault or rape or incest, 
  • Minors, 
  • Change of marital status during the ongoing pregnancy (widowhood and divorce), 
  • Women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 
  • Mentally ill women including mental retardation, 
  • The 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 disasters or emergencies may be declared by the Government. 

• The Amended Act, 2021 provides added provisions which were missing in the 1971 act: 
  • 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. 
  • Unmarried women: It allows unmarried women to also terminate a pregnancy for this reason. 
  • Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities. 

Medical Termination of Pregnancy (Amendment) Act,2021 puts India in the list of most progressive legislations regarding abortion. It increases the ambit and access of women to safe abortion services and ensure dignity, autonomy, confidentiality and justice for women.