Recently, the Bombay High Court allowed a 35-year-old woman to terminate her 25-week pregnancy at a private hospital in the city of her choice. It is an important exception to the standard provisions of India’s Medical Termination of Pregnancy (MTP) Act, 1971. Here’s a detailed look at the legal framework and its implications:
Legal Provisions of the MTP Act, 1971
- Up to 20 Weeks – Abortion is permitted on the advice of one registered medical practitioner.
- Between 20-24 Weeks – Requires approval from two registered medical practitioners, but only for specific categories:
- Victims of rape/sexual assault
- Minors
- Change in marital status (widowhood/divorce) during pregnancy
- Physical disabilities or mental illness
- Foetal abnormalities diagnosed by medical experts
- Beyond 24 Weeks – Requires approval from a medical board set up by the state government in each district. Termination is permitted only if there is a substantial foetal abnormality or if the pregnancy poses grave risk to the woman’s life or mental health.
- Facilities:
- Section 4 of the MTP Act says a pregnancy can be terminated at a hospital established or maintained by the government, or a place for the time being approved under the MTP Act by Government or District Level Committee headed by a Chief Medical Officer or District Health Officer.
- The committee, under Rule 5 (6) of the MTP Rules, can consider the application by the private hospital and issue a certificate of approval for abortion.
- ‘Form A’ has to be submitted for approval for termination of pregnancy and it includes two categories – termination of pregnancy up to 12 weeks, and pregnancy up to 24 weeks.
(Source: The Hindu)
