The Medical Termination of Pregnancy (Amendment) Bill, 2021 was approved in Lok Sabha on 17th March 2020 and was passed by the Rajya Sabha on 16th March 2021. The Medical Termination of Pregnancy (Amendment) Act, 2021 has amended the Medical Termination of Pregnancy (MTP) Act, 1971, which is the principal legislation governing abortions in India. It has been previously amended twice, once in 1975 and other in 2002. Before the enactment of this legislation, abortion was prohibited under Section 312 of the Indian Penal Code, 1860.

Provisions of MTP Act, 1971:

The earlier provisions in the MTP Act, 1971 provided that a pregnancy may be medically terminated by a registered medical practitioner where:

• The length of the pregnancy did not exceed twelve weeks, and the opinion of one medical practitioner was required for the same.
• The length of the pregnancy had exceeded twelve weeks but did not exceed 20 weeks. It is also required that two medical practitioners hold the opinion that continuation of the pregnancy will cause deterioration in the mother's mental and/or physical health, and/or the child born will suffer from serious physical or mental abnormalities.

Provisions of MTP Amendment Act, 2021:

• The Act permits abortion to be allowed up to 20 weeks based on the opinion of just one medical practitioner.
• To terminate pregnancies between 20 and 24 weeks, which can be availed only in special cases i.e., by rape/incest victims, differently-abled women and minors, the opinion of two medical practitioners is required.
• For abortions beyond 24 weeks, a state-level Medical Board, consisting of a gynaecologist, a paediatrician, a radiologist or sonographer, and any other number of members as notified by the state government, needs to be constituted to decide if it can be permitted, in case of substantial foetal abnormalities.
• Abortions can only be performed by doctors with specialization in gynaecology/obstetrics.
• In cases where abortions are being undertaken to terminate pregnancies arising out of rape, where the gestation period has exceeded 24 weeks, the only approach to access the procedure can be through a writ petition.
• The name and other personal details of the woman undergoing the procedure shall not be revealed except to a person authorized by law.
• Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status.

The Need for the Amendment in the MTP Act, 1971:

• The 1971 Act was outdated in several aspects as it had failed to take cognizance of the latest developments in the field of medical science which allows for safe abortions to be undertaken even at late stages of pregnancy.
• The lacunae in the older legislation led to a lot of quacks running illegal abortion clinics, endangering the health and lives of many women. The mandate for only qualified doctors to perform abortions is likely to bring a positive change by bringing more abortions into the organized domain and improving the safety of the procedure.

Benefits of MTP Amendment Act, 2021:

• Many foetal abnormalities are detected only after the 20th week of pregnancy, and so the new provisions will ensure better options for such cases.
• The amended law would allow rape victims, disabled and minor women to undergo abortion safely and legally up to the 24-week mark.
• The Act also applies to unmarried women and has thus removed the oppressive clause of the 1971 Act which said that unmarried women could not access an abortion citing contraceptive failure as a reason. The ground of failure of contraceptives has now been extended to 'women and her partner', instead of 'married women and her husband', conferring reproductive rights to them.

Concerns regarding MTP Amendment Act, 2021:

• Women have still not been granted sufficient bodily autonomy as their right to abortion is subject to clearance by a doctor or a Medical Board.
• There exists a son-preference in Indian society and a more liberal law for abortion might aggravate the problem of female foeticide.
• There is a severe shortage of qualified doctors due to which sufficient access to safe abortions may still not be possible.
• The 20-week cap on abortions is still too restrictive as most foetal abnormalities are detected only in the 18–22 weeks window.
• The 24-week cap causes rape victims to access abortions through a more cumbersome route of filing a writ petition.

Conclusion
In conclusion, the MTP Amendment Act, 2021 represents a significant step forward in improving access to safe and legal abortions in India, addressing some critical gaps in the outdated 1971 Act. By extending the permissible timelines and recognizing the reproductive rights of unmarried women, the law reflects a more inclusive approach.

However, concerns persist about insufficient bodily autonomy, potential misuse for sex-selective abortions, limited access due to a shortage of qualified medical professionals, and restrictive timelines that may still pose challenges for women with late-detected foetal abnormalities. Addressing these issues is crucial for ensuring comprehensive reproductive rights and healthcare access for all women.