Medical Termination of Pregnancy (MTP) Act 1971 + 2021 Amendments
The Medical Termination of Pregnancy (MTP) Act 1971 legalised abortion in India under specific conditions — one of the more liberal abortion laws globally at the time. The 2021 amendment expanded access by raising gestational limits, including privacy protections for rape survivors, and adding new grounds. India's MTP Act balances women's reproductive rights with the protection of fetal life.
The MTP Act 1971 was enacted to legalise abortion in India under specified conditions, replacing the Indian Penal Code provisions (Sections 312-316) that criminalised abortion except to save the woman's life. The Act was amended in 2002 (decentralised approval) and substantially in 2021 to expand access. The 2021 amendments were prompted by:- (1) recognition that many women were seeking abortions beyond 20 weeks due to late detection of fetal anomalies, rape, or minor age; (2) international trends toward liberalisation; (3) judicial interventions where SC had to grant individual permissions.
MTP is legally permissible on the following grounds (Section 3 of MTP Act):
- Risk to woman's life or health: Continuation of pregnancy would risk the woman's life or cause grave injury to her physical or mental health
- Rape or incest: Pregnancy alleged to have been caused by rape — presumption that continuation causes grave mental injury
- Contraceptive failure: Pregnancy occurred despite use of contraceptive (method or device failure) — applies to married woman (2021 amendment extended presumption of grave mental injury)
- Fetal anomaly: Substantial risk that the child, if born, would suffer from serious physical or mental abnormalities
- Change of marital status: Woman became widow, husband changed sex, etc. (limited grounds)
- Minor or mentally ill woman: Special protections
| Circumstance | Gestational Limit | Approving Authority |
|---|---|---|
| General (married woman, contraceptive failure) | Up to 20 weeks | Single RMP up to 12 weeks; 2 RMPs for 12-20 weeks |
| Rape survivors, incest, minor, mentally ill woman | Up to 24 weeks | 2 RMPs |
| Fetal anomaly (substantial risk) | Any gestational age | Medical Board (set up by state/UT) |
| Immediate necessity to save woman's life | Any gestational age | Single RMP |
2021 amendment highlights:
- Raised general limit from 20 to 20 weeks (no change for general category)
- Raised rape/incest/minor/mentally ill limit from 20 to 24 weeks
- Removed marriage requirement for contraceptive failure (now applies to any woman, including unmarried)
- Added 'Medical Board' provision for fetal anomaly beyond 24 weeks
- Privacy protection — name and details of woman who has undergone MTP cannot be disclosed except to person authorised by law
MTP can be performed only by:
- Registered Medical Practitioner (RMP) with recognised medical qualification under Indian Medical Council Act
- Specific training in MTP techniques (for up to 12 weeks — single RMP)
- For 12-20 weeks: 2 RMPs must concur in opinion
- For rape/incest/minor/mentally ill woman up to 24 weeks: 2 RMPs
- For fetal anomaly beyond 24 weeks: Medical Board (constituted by state/UT, must include: 1 gynaecologist, 1 paediatrician, 1 radiologist/sonologist, and other members as state deems fit)
- Must be performed at approved facility — government hospital or private facility approved by government
Pharmacists and chemists cannot prescribe MTP pills (mifepristone, misoprostol) — these are Schedule H drugs, prescription required.
- Adult woman (18+): Written consent of the woman herself — NO consent of husband/partner/family required
- Minor (< 18): Written consent of guardian required. MTP Act override — minor girl cannot consent alone even if she is the patient
- Mentally ill woman: Written consent of guardian
- Emergency (life-saving): Consent can be waived if woman is unconscious and procedure is immediately necessary to save life
Confidentiality: Name and details of woman who has undergone MTP cannot be disclosed except to person authorised by law. Violation is punishable under Section 5A of MTP Act.
The MTP Act 1971 + 2021 amendments balance women's reproductive autonomy with fetal protection. For UPSC CMS aspirants, gestational limits, legal grounds, provider requirements, and consent rules are highly testable PSM topics.