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The Government of India Tuesday notified the Medical Termination of Pregnancy (Amendment) Rules, 2021. These rules increase the upper limit for abortion from 20 weeks to 24 weeks for certain categories of women.
The government has notified these rules under Section 6 of the Medical Termination of Pregnancy Act, 1971 (MTP Act). The Parliament had amended
the MTP Act in March 2021 and it took effect in September
2021. The amendment increased the gestational limit for medical
termination of pregnancy to 24 weeks from 20 weeks for “certain
categories of women.” The new rules elaborate upon the phrase “certain
categories of women.”
Under the new rules, minors and survivors of sexual assault, rape or incest are eligible for termination of pregnancy up to 24 weeks. The rules also cover women with physical disabilities, mental illness, and substantial foetal malformation. Further, women who undergo a change of marital status while pregnant and women living in humanitarian situations are also permitted to terminate their pregnancy up to 24 weeks.
The amended act also provided for the formation of a medical board by state governments. The new rules define the powers and functions of this board. The new rules say that the medical board has the power to sanction termination of a pregnancy after 24 weeks of gestation if the diagnosis of any substantial foetal abnormalities necessitates it. In such cases, the medical board has to form an opinion within 3 days of receiving a request for an abortion.
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