According to the recently passed Medical Termination of Pregnancy (Amendment) Act, 2021, the gestational limit for abortion has been increased from 20 weeks to 24 weeks, especially for women under special circumstances. Under this Act, a pregnant woman can terminate her pregnancy between 20 to 24 weeks of pregnancy based on approvals given by a state-level medical board that has examined her reports and understood her special circumstances.
The new abortion rules give special status to women who have survived sexual assault, rape or incest, minor girls, women whose marital status has changed during pregnancy due to widowhood or divorce, and those with physical and mental disabilities. The Act covers cases where the mother’s or father’s health can cause life-threatening malformations in the foetus, as well as cases of pregnancy where the child has a high risk of suffering from physical or mental abnormalities that can lead to lifelong disability. Pregnant women working or living in settings of disasters or emergencies will also be allowed to terminate their pregnancy under this Act.
If a woman wants to terminate her pregnancy under this new Act, a state-level medical board will be set up to examine the reports and do a thorough check on whether the case falls under the government-approved categories or not. The board is supposed to provide its decision regarding the request for abortion within three days of receiving the request. The same board will also oversee the abortion procedure to ensure that it has been carried out with all necessary precautions and psychological counselling for the pregnant woman as well. The termination of pregnancy under these new rules has to be done within five days of the medical board receiving the request.
The new law changes the landscape of abortions in India for the better to a large degree by including these mitigating circumstances. According to the earlier rules, any woman could get an abortion within 12 weeks of conception based on the approval of one doctor, and abortions could be done between 12 and 20 weeks of pregnancy based on the approval of two doctors. The increase in this abortion limit to 24 weeks is likely to help women make better choices considering their own health and that of the foetus too.