The Medical Termination of Pregnancy (MTP) Act, 1971 is an Act of the Indian Parliament that provides a legal framework for the termination of certain pregnancies by registered medical practitioners (RMPs). It was enacted based on the recommendations of the Shantilal Shah Committee and came into force to reduce maternal mortality and morbidity caused by unsafe and illegal abortions, which were previously criminal offenses under Section 312 of the Indian Penal Code, 1860. The Act allows for safe and legal abortion services on therapeutic, eugenic, humanitarian, and social grounds.
The Act was significantly amended by the Medical Termination of Pregnancy (Amendment) Act, 2021, which received the President's assent on March 25, 2021, to address modern reproductive rights and technological advancements. The original Act of 1971 permitted termination up to 20 weeks of gestation. The 2021 Amendment increased the upper gestation limit to 24 weeks for specific categories of women, including survivors of rape, minors, and differently-abled women.
Under the amended Section 3(2), the opinion of one RMP is required for termination up to 20 weeks of gestation, while the opinion of two RMPs is necessary for termination between 20 and 24 weeks for the special categories. A key change is that the 24-week limit does not apply in cases of substantial foetal abnormalities, where termination is permitted at any time based on the diagnosis of a state-level Medical Board. Furthermore, the ground for termination due to contraceptive failure was extended to include unmarried women, which was not the case in the original Act. The Act also connects to the concept of reproductive rights and aims to meet the Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, which pertain to reducing maternal mortality and ensuring universal access to sexual and reproductive health. Section 5A of the amended Act mandates the protection of the privacy of the woman, making it punishable to reveal her name and particulars.