Medical Terminal of Pregnancy (Amendment) Bill 2021: LAW ON ABORTION

Introduction: –

We live in a society where everyone has the right to live their lives and killing someone even before its birth is as illegal as any offense provided by laws but there are some scenarios where Medical termination of pregnancy is a need of our society. There was an Act called Medical termination of pregnancy which was passed in August 1971 This bill was enforced in April 1972 which has amended as per the need of the Nation and this amendment bill was passed in 2021. As the last bill was passed 50 years before the so nation has faced a fair share of changes and it would not be wrong to say that the law needed to be updated and had to reconsider some aspects which were not being considered in the previous law.

The most basic changes which have been considered in the new law which the Act of 1971 did not have was to provide abortion as an option for those women who come under a specific category like survivors of rape, victims of incest, differently-abled women, and minors who have been pregnant. This specific category can abort their child under the Medical termination of pregnancy bill 1971.

At first, we will talk about one of the most popular case regarding abortion law.

Roe Vs. Wade

Roe is a lady who challenged Texas’ law to get her right. This case is about the law of abortion according to the carrier of the baby’s choice. The choice of women is as important as medical care in it. Because it is challenged women’s privacy, opinion, and independence. This case said, ” Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.” Which is especially important for a woman’s life? After all, she has gotten her right.

After the giving you a small reference about this bill. We take you to the next level’s knowledge.

Medical Termination of Pregnancy Bill (1971).

Before 1971, abortion or termination of unborn children was an illegal act in India. Termination of pregnancy can only be possible only with the advice of 1 doctor in the first 12 weeks of the pregnancy and after 12 weeks the termination is possible before 20 weeks only with the permission of two Doctors, but new bill increases such time limit as medical termination can be possible before 20 weeks with one doctor’s advice and after that medical termination is possible 20 to 24 weeks of pregnancy with the advice of two doctors.

And the Act of 1971 was considering the abortion of unmarried women, but new bill considers the need of medical termination of the unmarried women and the Act of 1971 had some conditions for the medical termination of the pregnancy which is being discussed under: –

1. When the life of a lady is in danger or this condition has made because of any incident (rape).

2. When the chances of any mental or physical inability is in baby.

3. Furthermore, when pregnancy is caused due to failure of contraceptives used by a married woman or her husband.

And these conditions were changed in the new bill of 2021 and new regulation were added too and as time has been passed so many new things were considered as the need of society and the main cause of the amendment are discussed below: –

1. Decrease the rate of unsafe abortion.

2. Control the population of the country.

3. Prevent the maternity death.

The gestation period of a woman is normally 280 days or 40 weeks. So, the medical organization and women’s welfare group demanded it for 28 weeks. But it is only got for 24 weeks.

Medical Termination of Pregnancy Bill (2021).

As we discussed that the Medical termination bill 1971 was passed a long while ago due to which the law needed various changes but the major of them were three big changes in the law which are like this.

1. Rape victims are independent for abortion during the gestation of 24 weeks.

2. Married women, as well as unmarried women, are also independent for termination with the valid reason or cause of failure of contraception.

3. If doctors see a big physical or mental issue then women can be allowed doing terminate.

Conclusion: –

This bill is brought for decreasing the number of maternity deaths that have happened because of unsafe pregnancy. It gives women reproductive rights over their bodies. With the time, medication level of our country is progressing. There is no matter to fear. But even now the woman is not allowed to do unconditional abortion which is not as modern as many other countries which are not right. Every woman has the right to do things according to their choice.  This law is not so much productive. Yet the law of termination is as progressive as compared to other countries which is a benediction for women of our country. Because, In this time, there are 26 countries that are very conservative about the law of abortions. It is not good according to their mindset. In the end, we are thankful to our Indian government who improved the law from 20 weeks into 24 weeks which is the book for Indian women. The law is needed changes with time.