o The Medical Termination of Pregnancy Act, 1971 (“MTP Act”) was

passed due to the progress made in the field of medical science with respect to
safer abortions.
o In a historic move to provide universal access reproductive health
services, India amended the MTP Act 1971 to further empower women by
providing comprehensive abortion care to all.
o The new Medical Termination of Pregnancy (Amendment) Act
2021 expands the access to safe and legal abortion services on therapeutic,
eugenic, humanitarian and social grounds to ensure universal access to
comprehensive care.

Evolution of Abortion Law in India: MTP Act

 Pre-1960s: Illegal Status of Abortion

Abortion was illegal and punishable under Section 312 of the Indian Penal
Code (IPC) before the 1960s.
 1964: Formation of Shantilal Shah Committee
It was set up to examine abortion-related matters and the necessity of laws
around abortion in India.
The Committee recommended liberalization of abortion laws to reduce
unsafe abortions and maternal mortality.
 Under section 312 of the Indian Penal Code (IPC), a person who “voluntarily
causes a woman with child to miscarry” will be jailed for up to 3 years or fined or
both.
o The only exception from punishment is when it was done to save the life of the

pregnant woman.

 1971: Introduction and Passage of MTP Act

o MTP Act was introduced and passed by Parliament in August 1971,
based on the recommendations of the Shantilal Shah Committee.
o The MTP Act allowed abortion up to 20 weeks of pregnancy and
granted immunity to doctors performing abortions in line with its
provisions.
The MTP Act allowed termination of pregnancy by a medical practitioner in
two stages.
 For termination of pregnancy up to 12 weeks from conception, the opinion
of one doctor was required.
 For pregnancies between 12 and 20 weeks old, the opinion of two doctors
was required

 2002: Brief Amendment for Medical Abortion Pills

The MTP Act was briefly amended in 2002 to allow the use of medical
abortion pills, mifepristone and misoprostol.
 2021: Amendment to Extend Abortion Limit
Key Provisions of the MTP Amendment Act, 2021:

o 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. It allows unmarried
women to also terminate a pregnancy for this reason.
o Opinion Needed for Termination of Pregnancy:
  Opinion of one Registered Medical Practitioner
(RMP) for termination of pregnancy up to 20 weeks of
gestation.
 Opinion of two RMPs for termination of pregnancy of 20-
24 weeks of gestation.
If a doctor’s recommendation is provided and authorization is
requested for at least one of the following reasons, it will be
granted under this Act’s provisions.

 If the pregnant woman faces a risk to her life by the

continuation of the pregnancy.
 If the continuation of pregnancy results in grave injury to the
woman’s physical or mental health.
 Opinion of the State-level medical board is essential for a
pregnancy to be terminated after 24 weeks in case of
substantial foetal abnormalities.
o Upper Gestation Limit for Special Categories:

Increases the upper gestation limit from 20 to 24 weeks for special

categories of women,
 Survivors of sexual assault or rape or incest;Minors;
 Change of marital status during the ongoing pregnancy
(widowhood and divorce);
 Women with physical disabilities,
 Mentally ill women including mental retardation
 The foetal malformation
 Women with pregnancy in humanitarian settings or disaster or
emergency situations.
 However, the law doesn’t recognize the situation of unmarried
women.

Pregnancy beyond 24 weeks

Abortion is performed based on fetal abnormalities in cases where pregnancy has
progressed over 24 weeks.
 A four-member Medical Board, established in each state
under the MTP Act, must grant permission for this type of
abortion.
Confidentiality:

 The “name and other particulars of a woman whose

pregnancy has been terminated shall not be revealed”,
except to a person authorised in any law that is currently in
force.

What are the exceptions?

The modified Act also authorizes one certified medical practitioner to perform an
abortion at any stage of pregnancy if it is urgently required to preserve the
pregnant woman’s life, regardless of any of the aforementioned restrictions.

What are the laws in the case of unmarried women?

According to the modified 2021 MTP Act’s provisions, unmarried women may
also have an abortion in the aforementioned circumstances because the
requirement for a spouse’s agreement is not mentioned.

But if the woman is a minor, the guardian’s approval is required.

Does the act resolve worries about privacy?

MTP act has clauses that guarantee an abortion-seeking woman’s right to privacy.

According to Section 5A of the MTP act, registered medical providers may only
“disclose the name and other particulars of a lady whose pregnancy has been
terminated” to a person who has been authorized by law.

If this medical personnel violate or otherwise violate the woman’s privacy, they
could spend up to a year in jail, pay a fine, or even both.

What sections of the Indian Penal Code deal with abortion?

Indian Penal code contains sections related to miscarriages
Section 312 of the IPC
This section effectively makes unconditional abortion illegal in India. Under this
section, a person who “voluntarily causes a woman with child to miscarry” is liable
for punishment.

He/she may be punished with a jail term of up to 3 years or a fine or both unless it
was done in good faith where the purpose was to save the life of the pregnant
woman.

Section 313 of the IPC

Under the provisions of this section, a person who causes the miscarriage without
the consent of the pregnant woman, irrespective of the stage of her pregnancy,
shall be punished with life imprisonment or a jail term extending up to 10 years, as
well as a fine.

Significance of the MTP Act

 Constitutional right:
o The reproductive choice is personal liberty guaranteed under Article
21 of the Indian constitution.
 Reproductive Rights of a Woman:
o The laws provide greater reproductive rights and dignity to women as
abortion is considered an important aspect of the reproductive health
of women.
 Right to Privacy:
o The rape victims and vulnerable victims are also benefitted from
Privacy Clause.
 Encouragement to Safe Abortion:
o Deaths and injuries from unsafe abortions are largely preventable
provided services are performed legally by trained practitioners.
o The procedures are performed under proper medical and surgical
supervision if done in the hospital setting.
 o If termination pills are taken at home, it must be under medical
supervision and follow up.
o The new law will contribute towards ending preventable
maternal mortality to help meet the Sustainable Development
Goals (SDGs) 3.1, 3.7 and 5.6

 SDG 3.1 pertains to reducing maternal mortality

ratio whereas SDGs 3.7 and 5.6 pertain to universal
access to sexual and reproductive health and rights.
o The amendments will increase the ambit and access of women to
safe abortion services and will ensure dignity, autonomy,
confidentiality and justice for women who need to terminate
pregnancy.
Supreme court order:

 Law covered ‘unmarried’ women: An amendment to the Act in 2021

had substituted the term ‘husband’ with ‘partner’, a clear signal that
the law covered unmarried women within its ambit. Thus, SC allowed
women to have an abortion.
o The court ordered a medical board to be formed by the
AIIMS to check whether it was safe to conduct an abortion on
the woman and submit a report in a week.
 Denying an unmarried woman the right to a safe abortion violates her
personal autonomy and freedom. A woman’s right to reproductive
choice is an inseparable part of her personal liberty under Article 21 of
the Constitution. She has a sacrosanct right to bodily integrity.
 Live-in relationships had already been recognised by the Supreme
Court.

Time since Requirement for terminating the pregnancy

conception

MTP Act, 1971 MTP (Amendment) Act,

2021

Up to 12 weeks Advice of 1 doctor Advice of 1 doctor

12-20 weeks Advice of 2 doctors Advice of 1 doctor

20-24 weeks Not allowed 2 doctors for some

categories of pregnant
women

More than 24 Not allowed Medical Board in case of

Weeks substantial foetal
abnormality

Any time during the One doctor, if immediately necessary to save a pregnant
pregnancy woman’s life.

Global Abortion Laws

 Countries Banning Abortions (24 countries)

o Abortions are illegal in 24 countries, where about 90 million or 5 percent of
women of reproductive age reside.
o These include Senegal, Mauritania, and Egypt in Africa, Laos and the
Philippines in Asia, El Salvador and Honduras in Central America, and
Poland and Malta in Europe
 Countries Permitting Abortions with Restrictions (50 countries)
o Includes Libya, Indonesia, Nigeria, Iran, Venezuela.
o Permitted in cases of a woman’s health risk.
o Some allow in cases of rape, incest, or fetal abnormalities.
 Countries with Accessible Abortion Laws
o Canada, Australia, and most of Europe.
o Few restrictions, primarily gestational time limits (typically 12-14 weeks).

What are the concerns related to the abortions?

 Foetal Pain: Concern that fetuses beyond 20 weeks of gestation may

experience pain during abortion.
 Psychological Impact: Some argue that young women who undergo
abortion may face an increased risk of subsequent depression.
 Reduced Adoptable Babies: Critics suggest that instead of abortion,
women should consider giving unwanted babies up for adoption, as single
parenthood becomes more accepted.
 Abortion as Contraception: Moral objections to using abortion as a
convenient method of birth control, emphasizing the value of unborn life.
 Responsibility and Morality: Argues that individuals should accept
responsibility for their actions and consequences, especially when becoming
pregnant.