Abstract

The Medical Termination of Pregnancy (Amendment) Bill Act, 2020 was approved and passed by the lower house and upper house of the parliament, respectively. The Bill was subsequently delivered to the President for his signature, which is obtained on March 25, 2021, and it became MTP Act. ( hence referred to as the “Amendment Act”). The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as “MTP Act”) was the first and foremost law enacted by parliament in India with the goal of allowing pregnancies to be terminated under certain conditions only by an approved medical practitioner, and it went into effect on April 1, 1972 just like other laws in India, this act also have some restrictions and limitations, which somewhere violating the abortions right of female individual. Right to abortions is not only the constitutional right but it is their fundamental right as well. The MTP Bill 2020 aims to provide access to safe and legal abortions while protecting women’s reproductive rights. It proposes several significant changes, including raising the gestational restriction for abortions from 20 to24 weeks. This amendment acknowledges the growing understanding of foetal viability as well as women’s right to make intelligent ,informed decision for herself and about their bodies and future

However, the MTP Bill 2020 has received criticism from a variety of sources. Opponents claim that the increased gestational restriction may raise ethical difficulties, particularly with regard to late-term abortions. They express concern about the possibility of this provision being abused, emphasize the importance of controls to prevent frivolous or arbitrary decisions. Providing Abortions right to women’s not just for their free and vocal voices but for social justice and

It’s crucial to build more inclusive ,equitable and Harmonious society.

KEYWORDS

Termination, Abortion, Amendments, Pregnancy and Gestational

Introduction

In India, where Women approximately constitute 48% of population continuously facing problem regarding their Abortions rights. Recently In parliament a bill named Medical Termination of pregnancy amendment bill 2020 introduced and gets an approval from parliament and. The act amend the Medical Termination of Pregnancy Act 1971 to increase number of weeks from 20 to 24 week and some significant changes in other provisions.

Abortion is defined as a Termination of Pregnancy by removing embryo or foetus. From a ancient times women were tried to find a safest way to abort a child, but unfortunately, due to their wish, They faced criticism or social boycott because of the patriarchal values of societies, Because society feels women are not as strong as men are and takes decisions on her behalf. From a century ago, abortions always looked like a debatable topic. Is abortion the right of women, or does it come under the right to choice?

MTP 1971, somewhere fails to correct the one of the question whether a female has termination right or not on her free will, The medical Termination of pregnancy act 1971 only allow to those who fulfilled certain conditions which were mentioned in section 4 of MTA act 1971. As a country that is becoming more developed, there is an increase in cases of unsafe termination, which concerns us. There are numerous cases where, due to unsafe abortions, women die. Recent surveys show that due to unsafe abortions or illegal practices, a total of 13 women died each day. These statistics were horrifying, even after the separate legislation regarding this issue. There are a huge number of women who die each day and remain unreported.

Historical Background

Abortion was practiced unethically from modern time due to which government felt to take necessary footsteps to ensure safe abortion, for that purpose government formed a specialized

committee regarding abortion , centre for family planning make a committee Shantilal shah committee in year 1964 ¹and make some Recommendation regarding legalizing until this abortions were criminalized under sec 312²of IPC which Stated 312. Causing miscarriage. Whoever voluntarily causes a woman with child to miscarry shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if such miscarriage is not caused in good faith for the purpose of saving the woman’s life; and, if the woman is quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine..

Many women Dies because of unsafe abortion in hidden manner. Shantilal shah Committee advocates the Legalization of Abortions in India and also put forword to set up a proper care center, Based on the Suggestions made by Shantilal shah committee, Parliament passed a bill ³The MTP Bill 1971.

MTP Bill 1971 comes up with suggestions that the Termination of Pregnancy by registered medical practitioners up to 12 weeks for any medical condition, up to 20 weeks if two doctors agree with some specific medical conditions, which were mentioned in section 2(b) (1) and (2) Of MTP act 1971 and 5 According to Section 2(d) of the MTP Act 1971, A registered medical practitioner” means a person who meets specific medical requirements, which are described in Section 2(h) of of Indian Medical Council Act, 1956, and whose name has been mentioned in a specific state registry. and who has such gynaecology and obstetrics training experience as may be

Prescribed by rules issued under this Act

¹Indianculture.gov.in , https://indianculture.gov.in/reports-proceedings/report-committee-study-question- legalisation-abortion

² Indian Penal Code 1860, S 312

³ Mohd Aqib Aslam Medical Termination of Pregnancy Act (Legal Services India) https://www.legalserviceindia.com/legal/article-6037-medical-termination-of-pregnancy-amendment-act-2021.html ⁴ The Medical Pregnancy of Termination Act,1971 s 2(d), No. 34, Act of Parliament, 1971 (India)

⁵ The Medical Pregnancy of Termination Act,1971 s 2(d), No. 34, Act of Parliament, 1971 (India)

Despite the positive changes in Indian reproductive law for Indian women still this law have some loopholes the fact that post 20 week pregnant a women cannot have right to choice o Abortion. In the case of ⁶ K. S Puttaswamy VS Union of India bench in particular acknowledged that liberty of choices as protected and guaranteed under Article 21 includes the reproductive choices of women. And The Medical Termination of Pregnancy Act of 1971 also failed to make already difficult legal processes any more difficult. We need provisions that are simpler and more practical.

Research Methodology

This paper’s research is based on secondary sources such as legal journals, Articles, websites, some Important Acts, Sections of Indian laws and important judgments of Supreme court and High Courts

Literature Review

Through examination of this bill, illuminating its foundations, consequences, difficulties, and potential future orientations. The results highlight how crucial the Act is for supporting ethical and authorized abortions, safeguarding women’s reproductive rights, and enhancing maternal health outcomes. In order to address the issues and debates surrounding abortion services and provides fair access for all women, the assessment also emphasis the necessity for ongoing study, policy advocacy, and stakeholder cooperation.

⁶Shefalika Narain,Aftermath of the Puttaswamy Judgement: Reproductive Rights in India, Vol 9 Issue 2 VIPS 1, 1-2(2021)

Backgrounds

As the world is full of Innovations, developments and technology, the need of an hour is better laws for Abortions in India, which was hardly fulfilled by the Medical Termination of Pregnancy (Amendment) Act, 2020. By altered specific flaws of Medical Termination of pregnancy Act 1971, criticism were made such as reproductive right of Women, In the act itself there is no references of free choice of women on her body.

Earlier Act was initially made by the committee recommendation, and later Amended, the newly made Bill aimed to made some modification in Act’s rules and regulations, make it more simple and efficient. The Bill made some positive changes such as; Increase the legal window for abortions between 20 to 24 weeks, enabling the practice of safely and securely terminating the undesired pregnancy for a woman. Besides this, It also aims not to infringe women’s privacy, gestational age, and precautions. Subsequently act of 2020 provides free and safe abortions to those who were physically Assaulted, Raped, mentally assaulted and so. on this are the some important features which were not mentioned in MTP 1971 Act.

Salient Features of MTP Act, 2020

Seeks to modified The Earlier act related to Termination

Bill increased the upper Gestation periods to 24 weeks and earlier upper age limit is 20 weeks which is mentioned in⁷ section 3 2(b) OF MTP Act 2021
Proposed to change the need of two medical practitioners to one medical practitioners in the case of 20 week pregnancy
In case of 24 week pregnancy termination can’t be given without two registered medical practitioners
Secrecy and confidentiality of women were maintained who want to terminate their pregnancy

Bill increased the upper Gestation periods to 24 weeks and earlier upper age limit is 20 weeks which is mentioned in⁷ section 3 2(b) OF MTP Act 2021
Proposed to change the need of two medical practitioners to one medical practitioners in the case of 20 week pregnancy
In case of 24 week pregnancy termination can’t be given without two registered medical practitioners
Secrecy and confidentiality of women were maintained who want to terminate their pregnancy
Bill seeks to widen the scope of Abortions act by including different able women, rape survivors, minor and victims of harassments.
Medical board should constitute in all state and Union Territory of a country. In that board one gynecologist radiologist /otologist, pediatrician and other member notified by Government.

So all these are the following salient features of Medical Termination of Pregnancy Act 2020

Apart from India, there are several other countries where abortion laws are contentious, such as in America. Both parties in that country are against each other In these contentious laws; one is supporting the legalization of abortion while the other is trying to oppose it.

In the case of[1] Roe v. Wade, the Supreme Court Clearly declared that abortion is legal in the United States, and that decision made them legislate on abortions. In this case, the SC sets a particular period regarding the right to abortion.

Critical Analysis

Despite Medical Termination of Pregnancy act 2021 were progressive there are major concern regarding women pregnancy rights in the act itself, which were somewhere⁹ violation of their fundamental rights on dependency of medical Practitioners for abortions. If

⁷ The Medical Pregnancy of Termination Act 2020 s 2(d), No. 55, Act of Parliament, 2020 (India)

⁹ Punyata Kakar, New Abortion rules under Medical Termination of Pregnancy Amendment Act, 2021, thelawmatics.in

⁸ Roe v. Wade,410 U.S. 113 (1973)

women were forced to depends upon medical practitioners, They may not be able to abort a child , because of the some legal difficulties and due to this they are forced to used unsafe medium for abortion which is not only hazardous to their health but child’s health as well.

Changes made in MTP Act 2021 for benefits of women of society by somewhere it is Gender discrimination because in this they not allow representation of LGBTQ+ communities

High Courts and Supreme Courts observed in different case of abortions which is beyond the twenty week period in the case of¹⁰ Sharmishtha Chakraborty& Anr v UOI Secretary &Ors , ¹¹Nisha Suresh Aalam v. UOI , ¹²Priyanka Shukla v. UOI& Ors and They permits them because due to limitation of gestational period we cannot reject the Terminations. In Recent Landmark case by supreme court ¹³X v. The Principal Secretary, Health and Family Welfare Department, Govt. of Delhi & Anr court observed that Women’s have the right to an abortion that is both safe and lawful.

The bench observed distinguish between marital status of women cannot be sustained, They must have a autonomy of choices.

¹⁴Reproductive autonomy, which is very much linked with bodily autonomy, to choose termination. a number of children, whether to abort or not and other important issues that were not influenced by any other person except the mother itself.

In the sense of a progressive and developing economy, another major issue is the availability of resources in villages. Evidence shows that medical facilities are not equally within reach at rural abortion services. They need to either travel urban cities to get Terminated from a Hospitals therefore the option is not only an inconvenience but also a hindrance to her right to privacy. In this situation all women usually resort to unsafe means of abortion. There is lack of awareness as well, Due to this they unknowingly prefer medium of abortion which has safety issues, State must need to organized a awareness camps, advertisements for awareness of MTP Act 2020. The MTP Bill 2020 somewhere failed in that directions , to reduces the stress in unmarried Girl those who get pregnant because of any certain condition but still due to family

¹⁰ Sharmishtga Chakeobarty & Anr v. UOI Secretary &Ors W.P (c) No.431/2017

¹¹Nisha Suresh Aalam v.UOI, W.P (C) NO. 929/2017

¹² Priyanka Shukla v.UOI &Ors., W.P(S T) No. 3672/2017

¹³ X v. The Principal Secretary, Health and Family Welfare Department , Govt of Delhi & Anr No 5809 /2022

¹⁴ Drishti ias , https://www.drishtiias.com/daily-updates/daily-news-analysis/abortion-rights-for-single-women.

and society stigma they prefer not to say anyone and get unsafe or illegal abortion that eventually can also harm them. In some of the cases they prefer to hang themselves.

Also, MTP Bill does not allow abortion at any time, However bill restrict its scope such as, in the case of fetal abnormalities, bill not even have mentioned anything. In the past, one has to go through various complicated legal discourses and hefty processes for getting abortions. Similarly situations¹⁵ faced by prostitutes in India, that fall under the Immoral Trafficking (Prevention) Act 1861, where it criminalized sex work, due to this they faced difficulties in abortions.

Issues with Medical Termination Pregnancy act, 2020

In some circumstances, MTP bill 2020, which says that State power over women’s reproductive rights while refusing women’s individual decision of keeping or aborting pregnancy. This problem can be explained in several ways:

1. Legal Framework and Constraints: As a legal framework, the MTP Act specifies certain situations and constraints under which a woman can have legal right to obtain abortion services. The State determines these requirements, which may include factors such as gestational age, reasons for abortion, and medical practitioner approval. As a result, the Act establishes the parameters for when a woman can use her reproductive rights within the limitations of the law, providing the State control over reproductive right.

2. Restricted circumstances for Abortion: The MTP Act normally provides particular circumstances on which a woman may seek legal abortion. These grounds may include threats to the woman’s bodily or mental health, foetal abnormalities, rape pregnancies, or contraceptive failure. The Act may not completely evaluate a woman’s particular circumstances, individual choices, or reasons for desiring to terminate the pregnancy by limiting abortion access to certain predetermined grounds.

3. Impact on Reproductive Autonomy: Reproductive autonomy refers to a person’s freedom to make reproductive health decisions free of external interference or compulsion. If the MTP Act imposes tight criteria and limits on abortion access, it may reduce a woman’s reproductive autonomy by limiting her freedom to make personal decisions.

4. Role of Medical Practitioners: In some situations, the MTP Act may necessitate the assistance of medical practitioners or a panel of doctors in determining abortion eligibility. While this is designed to assure medical safety and legal compliance, it can also create a situation in which a woman’s decision to abort is subject to the judgement and approval of others, thus compromising her agency and autonomy.

5. society Stigma and Pressure: Even if the MTP Act allows abortion in specific circumstances, social stigma, cultural norms, and family or community pressure may discourage women from using their right to terminate a pregnancy. This societal pressure can limit a woman’s options and force her to make decisions.

It is critical to strike a balance between establishing legal and medical measures to preserve women’s health and protecting women’s freedom to make reproductive decisions. While laws are required to ensure safe and ethical medical practices, they should not restrict women’s to make decisions on her body . A rights-based approach to reproductive healthcare that focuses on comprehensive sexual education, contraceptive access, and non-discriminatory abortion services can better protect women’s autonomy and reproductive rights while also protecting their health and well-being.

Suggestions

It is critical to strike a balance between establishing legal and medical measures to preserve women’s health and protecting women’s freedom to make reproductive decisions. While laws are required to ensure safe and ethical medical practices, they should not restrict women’s to make decisions about her own body and reproductive future. A rights-based approach to reproductive healthcare that focuses on comprehensive sexual education, contraceptive access, and non-discriminatory abortion services can better protect women’s autonomy and reproductive rights while also protecting their health and well-being. suggestions to tackle this issue

To tackle the issue of balancing women’s reproductive rights and healthcare while preserving their autonomy, several suggestions can be considered:

Comprehensive Sexual Education: Implement comprehensive sexual education programs that provide accurate and age-appropriate information about reproductive health, contraception, and abortion. This will empower people to make a intelligent decision about her rights.
Access to Contraception: Ensure widespread access to a variety of safe and effective contraceptive methods. Improving access to contraception can reduce the number of unintended pregnancies and consequently the need for abortion, while giving women more control over their reproductive health.
Eliminate Barriers to Safe Abortion: Address legal and practical barriers that hinder access to safe and legal abortion services. This includes revisiting restrictive gestational limits, removing unnecessary medical approvals, and reducing waiting periods, especially in cases of medical urgency.
Protect Women’s Autonomy: Uphold and prioritize women’s reproductive autonomy by recognizing her rights to make knowledgeable decision about her health and life.
Ensure Non-Discriminatory Services: Promote non-discriminatory practices in healthcare facilities to avoid judgment or denial of services based on personal beliefs or biases of medical practitioners. Healthcare providers should be trained to respect patients’ choices and provide compassionate care.
Engage in Dialogue: Encourage open and respectful dialogue at the societal level about reproductive rights and choices. Challenging stigma and misconceptions surrounding abortion can create a supportive environment for women to make informed decisions.
Research and Data Collection: Encourage research on reproductive health and collect comprehensive data on abortion rates and outcomes. Data-driven policies and practices can better address the needs and concerns of women seeking abortion services.
Women’s Health Clinics: Establish specialized women’s health clinics that provide comprehensive reproductive healthcare services, including counseling, contraceptives, and safe abortion procedures. These clinics can focus on promoting women’s health and rights without judgment or bias.
Involved Women’s Rights Advocates: Engage women’s right organizations and advocates in policy discussions and decision-making processes related to reproductive healthcare. Their expertise and lived experiences can contribute to more inclusive and rights-based policies.
Strengthen Implementation and Monitoring: Ensure effective implementation of laws and policies related to reproductive healthcare. Regular monitoring and evaluation can identify any shortcomings and facilitate necessary improvements.

By adopting these suggestions, policymakers, healthcare providers, and advocates can work together to make balanced between safeguarding health and preserving their autonomy in making reproductive decisions. A comprehensive approach that recognizes and upholds women’s rights will lead to better reproductive health outcomes and greater gender equality.

Conclusion

The Medical Termination of Pregnancy act (Amendments) 2020 and any others abortions laws in India were inadequate. It has various limitation, loopholes due to which many women were restrain from terminating her pregnancy and even if they does it eventually is harmful to them. Social stigma and Limitation were also one of the Concerns for women’s before taking decision to abort a child. . The right to have a safe and legal abortion is a fundamental right, as it is mentioned in various precedents by the Supreme Court, but women’s rights remain restricted.

Violations of females sexual and procreation human right somewhere shows the society patriarchal values, related to control or influenced women sexuality rights.

In an End , I would say Government needs to wide the scope of MTP 2020 and liberalized specific laws when it comes to women, sex workers, LGBTQI+ individuals, so that they will also lives their life with dignity and free choices. The MTP 2020 bill made to give relief when it comes to abortions right, but unfortunately the bill limit itself in certain provisions.

¹⁵Shefalika Narain,Aftermath of the Puttaswamy Judgement: Reproductive Rights in India, Vol 9 Issue 2 VIPS 1, 1-2(2021)

The Medical Termination of Pregnancy Act 2020; A close Overlook