Issues in the MTP Amendment Bill

Synopsis: The Medical Termination of Pregnancy or MTP Amendment bill is a step forward in recognising the rights of women. But it is not a giant leap.

Introduction:

The 1971 Medical Termination of Pregnancy (MTP) Act aims to reduce the maternal mortality ratio due to unsafe abortions in India. The amendments made a few significant updates to the 1971 Act.

Salient provisions of The MTP Act, 1971:

1. The act allows a woman to terminate her pregnancy within the first 12 weeks of pregnancy. After consulting an RMP (registered medical practitioner) woman can terminate her pregnancy.
2. If a woman want to terminate her pregnancy between 12-20 weeks, she needs to get an opinion from 2 RMPs.
3. The Medical practitioners have to ascertain that continuance of the pregnancy would risk the life of the pregnant woman or substantial risk (Physical or mental abnormalities) to the child if it is born

Salient provisions of the MTP Amendment Bill:

1. The amendment extends the upper limit for permitting abortions from the current 20 weeks to 24 weeks. 
2. The opinion of one RMP is required for termination of pregnancy up to 20 weeks of gestation. (Between 20 weeks to 24 weeks the opinion of two RMP’s is required).
3. The Amendment also allows the termination of pregnancy beyond 24 weeks if there are foetal anomalies.
4. Formation of the medical boards in each state by State governments for this specific purpose(termination of pregnancy after 24 weeks).
5. Further, the amendment facilitates abortion of “unmarried women also“. As the amendment replaced the word ‘husband’ with the word ‘partner’. For the first time, the amendment of the MTP Act moved beyond marital relationships.

The problems in the MTP Amendment Bill:

But the MTP Amendment falls short of few important things. Such as,

1. The amendment does not address the heart of any debate on abortions. That is a woman as an agency of reproduction.
2. The key decision-maker regarding the termination of pregnancy after 24 weeks should be the woman and her gynaecologist (for deciding the health of the woman/foetus). Instead, the amendment created a Board of specialists. The board will make the woman undergo a difficult process before such an abortion. Sometimes the cases will also get decided in courts.
3.  The Amendment is not in line with the global trend. Over 60 countries allow women to abort their pregnancy at any point during their 10-month gestation.

Suggestions to improve the MTP Amendment Bill:

1. Because of a lack of development in medical technology, the 1971 Act prescribes the 12-week limit. As it is not safe for pregnant women to abort after 12-weeks.
   • But with the advancement of medical technology, it is safe to abort at any stage during their gestation. So the government has to remove the gestation limit in the Amendment.
2. Fundamental change in mindset is the need of the hour. Until women are seen as an agent of reproduction, nothing will change in reality.

So, the improvement of the MTP Amendment is not a holistic one. Instead, it is a minor update.

Source: The Hindu