Under the Indian Penal Code, 1860, voluntarily terminating a pregnancy is a criminal offence. The Medical Termination of Pregnancy Act, 1971 allows for aborting the pregnancy by medical doctors (with specified specialisation) on certain grounds. A pregnancy maybe be terminated up to 12 weeks based on the opinion of one doctor, and up to 20 weeks based on the opinion of two doctors. Termination is permitted only when continuance of the pregnancy would involve a risk to the life of the pregnant woman, cause grave injury to her mental or physical health (including rape and failure of birth control measures), or in the case of foetal abnormalities. Termination is also allowed at any point during the pregnancy if there is an immediate necessity to save the woman’s life.
The Medical Termination of Pregnancy (Amendment) Bill, 2020 was introduced in Lok Sabha on March 2, 2020 and passed on March 17, 2020. It amends the Act to increase the upper limit for termination from 20 to 24 weeks for certain categories of women, removes this limit in the case of substantial foetal abnormalities, and constitutes Medical Boards at the state-level. The Statement of Objects and Reasons of the Bill states that several cases have been filed before the Supreme Court and various High Courts seeking permission for aborting pregnancies at stages beyond the 20-weeks limit under the Act, on the grounds of foetal abnormalities or pregnancies due to rape faced by women. It also states that with the advancement of medical technology, there is a scope to increase the upper limit for terminating pregnancies especially for vulnerable women, and in cases of severe foetal abnormality.
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