MEDICAL TERMINATION OF PREGNANCY ACT, 1971
'Registered Medical Practitioner' is defined under Section 2(d) of the
Medical Termination of Pregnancy Act 1971. 'A Registered Medical
Practitioner,' according to it, is any medical practitioner who
possesses the required medical qualifications, as defined in Section 2
of the Indian Medical Council Act 1956, and whose name has been
registered in the state medical register, as well as the required medical
skills in gynaecology and obstetrics as prescribed by the said act.
Abortion, a topic that is frequently discussed in medico-legal circles,
intersects various streams of thought and multiple disciplines, such as
theology, because most religions have something to say about it,
ethics, because human conduct and its moral evaluation are the basic
issues involved; medicine (in several of its sub-disciplines), because
interference with the body for a curative or supposedly curative issue
is at focus; and law, because regulation of human conduct by
sanctuaries is at focus.
Abortion may be divided into several types based on the nature and
circumstances of the procedure. It might be I natural; (ii)
unintentional; (iii) spontaneous; (iv) artificial or induced abortion, for
example.
Several ethicists, including Michael Tooley, Mary Anne Warren,
James Rachels, and Virginia Ramey Mollen Kott, have proposed
criteria for what constitutes a fully human creature. For some of these
conditions, any entity, whether before or after birth, fits the bill. In
reality, according to Tooley, the new-born’s moral condition is
unaffected by birth. "Being a human" and "being a person" are two
different things, according to those who advocate complete
humanness requirements. They claim that, while the unborn are
members of the Homo sapiens species and hence human, they are not
actually persons since they do not meet a set of personhood
characteristics.
The Medical Termination of Pregnancy Act of 1971 needs to be
amended.
1. Currently, women who wish to abort their pregnancy after 20
weeks face too many legal hurdles, but this measure aims to
change that by expanding the legal definition of pregnancy
termination from 20 to 24 weeks.
2. Every day, hundreds of women die as a result of unsafe and
illegal abortions. This measure aims to make it easier and safer
for pregnant women to be safe and protected.
3. The Medical Termination of Pregnancy Act has been chastised
for failing to keep up with contemporary technologies. Because
it was written in 1971, when technology was not as
sophisticated as it is now, a modification is required.
4. In the Act, it is stated that if the girl is a juvenile or under the
age of 18, the guardian's legal written consent is necessary, and
if the woman is mad or lunatic, the guardian's legal written
consent is required. This clause is referenced in the Medical
Termination of Pregnancy Act 1971, and the proposed law aims
to exclude it.
5. The cumbersome legal provisions of the present Medical
Termination of Pregnancy Act 1971 would be simplified by this
proposed measure. This will make it easier for many women to
terminate their pregnancies in a more convenient and effective
manner.
On March 2, 2020, Dr Harshvardhan Goyal, Minister of Health and
Family Welfare, tabled the Medical Termination of Pregnancy
(Amendment) Bill 2020 in the Lok Sabha. The bill aims to make
changes to the Medical Termination of Pregnancy Act of 1971, which
governs safe and authorised abortion. The bill also aims to change
several of the Act's provisions.
The bill also proposes to increase the time limit for terminating a
pregnancy from 20 to 24 weeks, making it simpler and more
convenient for a woman to safely and legally terminate an undesired
pregnancy. It also aims to improve pregnant women's safety,
gestational period, and anonymity.
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