COMMENTARY


https://doi.org/10.5005/jp-journals-10055-0162
AMEI’s Current Trends in Diagnosis & Treatment
Volume 7 | Issue 1 | Year 2023

Medical Termination of Pregnancy Act: Its Recent Advances


Neha Chaudhary1, Ashok Chanana2, Jaspinder Pratap Singh3

1,3Department of Forensic Medicine and Toxicology, Government Medical College, Amritsar, Punjab, India

2Department of Forensic Medicine and Toxicology, Chintpurni Medical College, Bungal Pathankot, Punjab, India

Corresponding Author: Ashok Chanana, Department of Forensic Medicine and Toxicology, Chintpurni Medical College, Bungal Pathankot, Punjab, India, Phone: +91 9915780056, e-mail: chananadoctor5690@gmail.com

How to cite this article: Chaudhary N, Chanana A, Singh JP. Medical Termination of Pregnancy Act: Its Recent Advances. AMEI’s Curr Trends Diagn Treat 2023;7(1):26–27.

Source of support: Nil

Conflict of interest: None

Received on: 27 January 2023; Accepted on: 28 April 2023; Published on: 20 July 2023

ABSTRACT

The objective of the Medical Termination of Pregnancy (MTP) Act 1971 was to enhance maternal health by facilitating women’s access to safe abortion services. In 1964, the Ministry of Health and Family Welfare established the Shanti Lal Shah Committee to investigate the reasons behind the growing number of abortion cases. Following the committee’s recommendations in 1970, the MTP Bill was proposed and subsequently enacted in August 1971 as the MTP Act. Recently, the Medical Termination of Pregnancy (Amendment) Act 2021 was passed to expand the availability of legal and safe abortion services for eugenic, therapeutic, social, and humanitarian reasons, ensuring universal access to comprehensive care. The updated MTP Act acknowledges the reproductive autonomy of each pregnant woman, allowing her to make informed decisions regarding medical interventions for terminating her pregnancy.

Keywords:Abortion rights, Marital rate, Medical termination pregnancy, The protection of children from Sexual Offences Act 2012, Registered medical practitioners.

INTRODUCTION

The primary objective of the Medical Termination of Pregnancy (MTP) Act 1971 was to enhance maternal health by ensuring the provision of safe abortion services for women. This act not only offered protection to medical practitioners but also decriminalized individuals seeking abortion. Complications arising from both spontaneous and induced abortions are significant health concerns and contribute significantly to maternal morbidity and mortality.1 In 1964, the Ministry of Health and Family Welfare established the Shanti Lal Shah Committee to investigate the factors leading to the rising number of abortion cases. Subsequently, in 1970, the committee recommended the MTP Bill, which was eventually passed in August 1971 and became known as the MTP Act.2 The MTP Act of 1971 provided access to legal and safe abortion services based on eugenic, therapeutic, social, and humanitarian grounds.3 It is important to note that in all types of abortions, including medical abortion, supervision by trained healthcare providers and a medical prescription is always recommended.

MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT 2021

With the continuous advancements in technology and the availability of new modalities in the field of medical science and healthcare, the MTP Act, 2021 (MTP Act) was enacted. This significant step was taken to introduce safer abortion techniques and ensure universal access to reproductive health services. India amended the MTP Act in 2021, aiming to empower women by providing them with comprehensive abortion care, marking a historic milestone in reproductive healthcare.3

Significance: This updated legislation plays a crucial role in eliminating avoidable maternal mortality and aligns with the Sustainable Development Goals (SDGs) related to reducing the maternal mortality ratio and ensuring access to sexual health and reproductive rights. The amended act will undeniably improve females’ access to safe abortion services, thereby safeguarding their confidentiality, autonomy, and justice when seeking pregnancy termination.

Issues related to Medical Termination of Pregnancy (Amendment) Act 2021:

MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT 2022

In a significant ruling on September 29, 2022, the Supreme Court bench comprising Justices A.S. Bopanna, D.Y. Chandrachud, and J.B. Pardiwala declared that the Medical Termination of Pregnancy Act recognizes the reproductive rights of pregnant women, granting them the right to choose medical intervention for terminating pregnancies. The court emphasized that all women, regardless of marital status, are entitled to access legal and safe abortions up to 24 weeks of gestation.

REFERENCES

1. ACOG. Misoprostol for Postabortion Care: ACOG Committee Opinion. The American College of Obstetricians and Gynecologists. Report No: 427 November 2009.

2. Gaur KD. Abortion and the Law in India. Cochin Univ Law Rev 1991;15:123–143.

3. https://legislative.gov.in/sites/default/files/A1971-34_1.pdf.

4. The Gazette of India: The Medical Termination of Pregnancy (Amendment) Act, 2021.pdf.

5. 621-x-v-principal-secretary-health-family-welfare-department-21-july-2022-426996.pdf.

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