Medical Termination of Pregnancy (MTP) Amendment Act of 2021
Context:
The Supreme Court recently refused to entertain a government curative petition, thereby allowing a 15-year-old rape survivor to terminate a 30-week pregnancy.
During the hearing, a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi urged the Union government to amend the abortion law to entirely remove the time limit on medical termination of unwanted pregnancies for minor rape victims.
Key Provisions of the MTP Amendment Act of 2021:
The 2021 amendment increased the upper time limit for legal abortion from 20 to 24 weeks.
This extended 24-week limit specifically applies to vulnerable categories, including survivors of rape, minors, and women with disabilities.
Termination due to Failure of Contraceptive Method or Device:
Under the Act, a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device.
It allows unmarried women to also terminate a pregnancy for this reason.
Opinion Needed for Termination of Pregnancy:
Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.
Opinion of two RMPs for termination of pregnancy of 20-24 weeks of gestation.
Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
The Supreme Court's Observations:
Autonomy of Choice:
The Court firmly stated that the decision to terminate rests exclusively with the minor survivor and her parents, not with the state or medical boards.
The Bench emphasized, "Let not medical personnel become the masters of the will of the people".
Role of Medical Experts:
The state and doctors should merely facilitate the process by taking the family through the medical procedure, providing expert counsellors, and enabling informed discussions regarding the consequences.
State's Locus Standi:
The Court ruled that the state has no locus standi to file a review petition against the termination
Only the parents or the child possess that right.
Chief Justice Kant observed that compelling a 15-year-old to carry and give birth to a child would leave a permanent scar, noting that the law must prioritize the "whole life ahead for the victim" rather than bowing to "momentary sentiments".
Further Reforms Suggested by the CJI:
Alongside removing the abortion time limit for minor rape victims under the MTP Act, the Chief Justice called for sweeping amendments to penal laws.
He suggested mandating that trials in such cases be completed within a week, and that the entire property of the accused be confiscated and awarded to the victim.