Evolving Legal Framework: Medical Termination Of Pregnancy Act, 1971

Abstract

The Medical Termination of Pregnancy (MTP) Act is a legal framework that governs the conditions and procedures under which pregnancies can be terminated or aborted. The MTP Act deals with the ethical issues surrounding ending pregnancies using either medical or surgical means. It was implemented to replace the stringent, obsolete abortion laws that remained in effect following British colonial rule. The MTP Act has undergone major changes over time in order to improve implementation and increase access to secure abortion services. The MTP Act is used in practice in the case of Mrs Farzana Ali Ahmed Sayyed vs. the State of Maharashtra, which was heard in the Bombay High Court in February 2020. When Mrs Sayyed was in the 22^nd week of her pregnancy, she requested authorization for a medical abortion. Severe prenatal malformations were discovered via ultrasound, endangering both the mother's mental health and the potential offspring. The court accepted the Medical Board's recommendation to terminate. The court granted authorization based on the Act and pertinent judgements after the Medical Board's recommendation for termination. These rights have recently been expanded by the 2021 amendment. However, successful implementation and ongoing advocacy are essential to address issues and advance the wellbeing of women in this significant area of healthcare.