ENACTED IN - 1971
Before 1971, abortion was criminalized under section 312 of the Indian penal code,1860. Except in cases where abortion was carried out to save the life of the woman, it was punishable offense and criminalized women/providers, with whoever voluntarily caused a woman with child to miscarry facing three years in prison and a fine, and the woman availing of the service facing seven years in prison and a fine.
MEDICAL TERMINATION OF PREGNANCY(AMENDMENT)BILL,2020
The union cabinet has approved amendments to the medical termination of pregnancy act,1971 allowing women to seek abortions as part of the reproductive right and gender justice.
MAIN POINTS OF THE AMENDMENT OF MTP ACT
- The bill proposes the requirement of the opinion of one registered medical practitioner for termination of pregnancy up to 20 weeks of gestation.
- the amendment has raised the upper limit of MTP from 20 weeks to 24 weeks for woman including rape survivors, victims of incest, differently abled woman and minors.
- It also states that the " name and other particulars of a woman whose pregnancy has been terminated shall not be revealed", except to a person authorised in any law that is currently in force.
- It introduces the requirement of the opinion of two registered medical practitioners for termination of pregnancy of 20-24 weeks of gestation.
- ABORTION OF UNDER 4 TO 5 MONTHS PREGNANCY - Jail up to 3 years or a fine both doctor and patients .
- ABORTION OF OVER 5 MONTHS PREGNANCY - Jail up to 7 years or a fine.
- ABORTION WITHOUT CONSENT - Jail up to 10 years or a fine.
- ABORTION RESULTING TO DEATH - If abortion carried out by an unskilled person , the doctor who conducted the operation can be punished with jail time up to 10 years and fine.
- If the abortion conducted without the permission of patients, the punishment is a jail for life.
