Medical termination of pregnancy laws should recognise the primacy of women’s agency
Emancipation is seldom a linear progression to the finish; the hurdles are many, some entrenched in the mind. The passing of amendments to the Medical Termination of Pregnancy (MTP) Act in India recently is a step forward in recognising the rights of women, but is no giant leap. It does push the envelope way past how far the now antediluvian MTP Act of 1971 went, primarily by allowing the termination of pregnancy beyond 24 weeks if there are foetal anomalies. However, it also sets the decision on the shoulders of a medical board formed by State governments for this specific purpose. The amended Act also allows the termination of pregnancy until 20 weeks based on the opinion of one qualified doctor, an improvement from the consensus between the two doctors clause that was previously required. As per the amendment, unmarried women can also terminate their pregnancy, and by replacing the word ‘hus