Lok Sabha Question No. 48 (STARRED), answered on 2016-11-18
Subject: Amendment in MTP Act, 1971
Ministry: HEALTH AND FAMILY WELFARE
Asked by: ASHWINI KUMAR

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA STARRED QUESTION NO. 4 8 TO BE ANSWERED ON THE 18 TH NOVEMBER , 2016 AMENDMENT IN MTP ACT , 1971

## *48. SHRI ASHWINI KUMAR:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  the  Government  has  reviewed  the  implementation/working  of  t Medical Termination of Pregnancy (MTP) Act, 1971, and if so, the details ther
- (b) the details of shortcoming/ deficiencies noti ced in the working of MTP; and
- (c) whether suggestions have been received from various quarters to amend the Act,  1971,  and  if  so,  the  details  thereof  along  with  the  follow - up  action  taken thereon?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE ( SHRI JAGAT PRAKASH NADDA )

- (a) to ( c):  A statement is laid on the Table of the House

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 48* FOR 18 TH NOVEMBER , 2016

- (a) Yes, the implementation/working of the Medical Termination of Pregnancy A has been reviewed from time to time. The details are placed at Annexure 1.
- (b) The  details of shortcomings noted in the working of MTP Act are as below -
1. Acute shortage of legally recognized and trained service providers for MTP has somewhat restricted the growth of safe abortion services particula rural women.
2. Restriction  of  upper  limit  of  gestation  up  to  20  weeks  is  seen  to hindrance  for  accessibility  to  safe  abortio n  services  especially  for  the vulnerable  categories  of  women  like  the  survivors  of  rape,  incest Similar  difficulty  is  reported  for  pregnancies  diagnosed  with  f abnormalities.
- Yes, suggestions were received from various quarters to amend the MTP act 1971.
- (c) The details are placed at Annexure 2

## Annexure 1

The  MTP  Act  was  passed  in  1971  and  enforced  in  the  country  in  1972 Subsequently,  the  MTP  Rules  were  framed  and  enacted  in  1975.  Safe  aborti services were integrated in the national programme and implemented through the 1980s and 90s.

In the light of the recommendation of the National Population Policy that laid down the need for strengthening and expanding facilities for safe the MTP act and Rules were amended in 2002 - 03. One of the significant changes in this amendment was decentralization of the approval to private facilitie District authorities, in order to expand the provider base to private sector

Regular review of the abortion services made available in the various states is done through quarterly reports and suggestions for strengthening interventi conveyed  to  the  states.  National  level  consultations  have  also  been periodically to review the implementation of the MTP Act.

## Annexure 2

Based on the recommendations of the National Commission for Women, it was agreed that the provision for increased gestation limit for safe abortion s upto 24 weeks for survivors of rape, victims of incest ,single women and vulnerable women(women with disabilities) , be considered.

The MoHFW had examined the provisions of the MTP Act 1971 through extensive consultations with the experts representing va rious stakeholders from Central and State Governments, NGOs, academic institutions, professional bodies associations  like  Federation  of  Obstetric  and  Gynecological  Societies  of (FOGSI),  Indian  Medical  Association  (IMA),  AYUSH,  Indian  Nursing  Coun cil (INC) and legal professionals. A draft MTP (Amendment) bill was prepared by Ministry of Law and Justice on the basis of the proposed amendments.

The draft MTP (Amendment) bill 2014 was put in the public domain (MoHFW website) and was also circulate d to the concerned Ministries and their comments/suggestions have been incorporated in the proposed MTP (Amendment) bill.