The Medical Termination of Pregnancy (Amendment) Act, 2021.

The Ministry of Law and Justice on 25th March 2021 has published the Medical Termination of Pregnancy (Amendment) Act, 2021 to further amend the Medical Termination of Pregnancy Act, 1971.

Key Highlights of the Amendment:

The Amendment Act brings in the following definitions to the Act:

“Medical Board” means the Medical Board constituted under sub-section (2C) of section 3 of the Act;’and “termination of pregnancy” means a procedure to terminate a pregnancy by using medical or surgical methods.’

The amendment act permits abortion to be allowed up to 20 weeks on the opinion of just one medical practitioner and to terminate pregnancies between 20 and 24 weeks, the opinion of two doctors are required.  This extension of the gestation period up to 24 weeks is given for special categories of women such as rape/incest victims, differently-abled women and minors.

For abortions beyond 24 weeks, a state-level Medical Board will decide if it can be permitted, in case of substantial foetal abnormalities and the Board will consist of a gynaecologist, a paediatrician, a radiologist or sonographer and any other number of members as notified by the state government.

The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act.

Further a new section 5(A) has been inserted which states that “No registered medical practitioner shall reveal the name and other particulars of a woman whose pregnancy has been terminated under this Act except to a person authorised by any law for the time being in force and Whoever contravenes this provisions shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

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