Medical Termination of Pregnancy (MTP) Act

18 Feb 2025

Medical Termination of Pregnancy (MTP) Act

The Bombay High Court allowed a woman to terminate her 25-week pregnancy at a private hospital, despite the 24-week limit set by the Medical Termination of Pregnancy (MTP) Act, 1971.

  • The decision was based on medical and legal grounds, considering fetal abnormalities and reproductive rights.

About Medical Termination of Pregnancy (MTP) Act

Medical Termination of Pregnancy

  • Origin and Objective: Enacted in 1971, the MTP Act legalized abortion under specific conditions to safeguard women’s health.
    • It does not permit abortion solely as a family planning method or personal choice.
  • Termination is allowed if pregnancy risks the woman’s life, causes grave physical/mental injury, or if the fetus has severe abnormalities..
  • 2021 Amendments: Provided special provisions for Pregnancy between 20 to 24 weeks and beyond 24 weeks.

Key Provisions of the MTP Amendment Act, 2021

  • Up to 20 weeks : Allowed for married/unmarried women in case of contraceptive failure.
    • Requires approval from one registered medical practitioner.
  • Between 20 to 24 weeks: Requires approval from two registered medical practitioners (RMP).
    • Applies to special categories such as:
      • Survivors of sexual assault, rape, or incest.
      • Minors.
      • Women facing marital status changes (widowhood/divorce during pregnancy).
      • Women with physical disabilities or mental illnesses.
      • Foetal malformation cases where the child would have severe physical or mental abnormalities.
  • Beyond 24 weeks : Allowed only in cases of substantial fetal abnormality.
    • Requires approval from a Medical Board set up by the state government.
    • Doctors assess risks to the woman’s life, physical and mental health, or severe fetal abnormalities.
  • Confidentiality Clause: The name and details of a woman undergoing abortion shall not be disclosed, except to authorized legal entities.

Concerns Raised Against the Provisions

  • Limited Access to Private Hospitals: The MTP Rules lack a category for termination beyond 24 weeks in private hospitals.
    • Only government-approved facilities can conduct abortions beyond 24 weeks, restricting women’s choices.
  • Delays Due to Medical Board Approval: Women with severe fetal abnormalities must seek approval from a Medical Board, causing delays in urgent cases.
  • Need for Clarity in Private Healthcare Regulations : The lack of clear guidelines for private hospitals leads to legal hurdles and denial of timely medical care.

Global Practices on Termination of Pregnancy

  • France: Abortion is legal up to 14 weeks of pregnancy.
    • After 14 weeks, it is allowed for medical reasons, subject to approval by a medical board.
  • United States (Varies by State): Roe v. Wade (1973) initially guaranteed the right to abortion, but the Dobbs v. Jackson (2022) ruling overturned federal protections.
    • Some states allow abortion up to viability (~24 weeks), while others have stricter bans or gestational limits.
  • United Kingdom: Legal up to 24 weeks under the Abortion Act 1967.
    • Beyond 24 weeks, it is permitted only if there is a risk to the woman’s life, severe fetal abnormalities, or grave physical/mental harm.

Archive Calendar

Mon Tue Wed Thu Fri Sat Sun
 123456
78910111213
14151617181920
21222324252627
28293031  

by month

SRIJAN MAINS

Need help preparing for UPSC or State PSCs?

Connect with our experts to get free counselling & start preparing

Aiming for UPSC?

Download Our App

      
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.