The Medical Termination of Pregnancy (Amendment) Bill 2020, which was already passed by the Lok Sabha last year, has been passed by the Rajya Sabha.
1. It provides for enhancing the upper gestation limit for abortion from 20 weeks to 24 weeks for a special category of women.
a. The special category would include vulnerable women including survivors of rape, victims of incest and other vulnerable women (like differently-abled women, Minors) etc.
2. Currently, abortion requires the opinion of one doctor if it is done within 12 weeks of conception and two doctors if it is done between 12 and 20 weeks.
a. The Bill allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain categories of women between 20 and 24 weeks.
3. 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. a. The Bill allows unmarried women to also terminate a pregnancy for this reason.
4. The Bill sets up state level Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of substantial foetal abnormalities.
a. The Medical Board shall consist of Gynaecologist, Paediatrician, Radiologist or Sonologist and other members as may be notified by the State Government or Union territory.
5. A registered medical practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorised by law. Violation is punishable with imprisonment up to a year, a fine, or both.
6. The bill will help expanding access of women to safe and legal abortion services on therapeutic, eugenic, humanitarian or social grounds.
Issues with the bill :
· The bill doesn’t provide freedom to women to terminate pregnancy beyond 24 weeks. · No time limit within which the medical board must make its decision.
· Unclear provision on category of women who can opt for abortion between 20 and 24 weeks of pregnancy. · It is unclear if transgender persons will be covered under the Bill.
· The Bill requires abortion to be performed only by doctors with specialisation in gynaecology or obstetrics.
o However, there is a 75% shortage of such doctors in community health centers in rural areas.
