Lok Sabha Question No. 186 (STARRED), answered on 2021-12-10
Subject: Medical Termination of Pregnancy  (Amendment )Rules, 2021
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Komati Reddy Venkat Reddy, Ranjanben Dhananjay Bhatt

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

## LOK SABHA STARRED QUESTION NO.186 TO BE ANSWERED ON THE 10 TH  DECEMBER, 2021

## MEDICAL TERMINATION OF PREGNANCY (AMENDMENT ) RULES, 2021

## *186. SHRI KOMATI REDDY VENKAT REDDY: SHRIMATI RANJANBEN DHANANJAY BHATT:

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

- (a) whether the Government has notified Medical Termination of Pregnancy (Amendment) Rules, 2021 and if so, the details thereof;
- (b) whether the new abortion rules recognise minors as a vulnerable category and seek to make services more accessible to them and if so, the details thereof;
- (c)  whether  social  stigma  and  conflict  with  the  POCSO  Act,  2012  or  the  law  against child  sexual  abuse,  pose  hurdles  in  recognising  minors  for  medical  termination  of pregnancy and if so, the details thereof;
- (d) whether the Medical Termination of Pregnancy (Amendment) Rules, 2021, define new  categories  of  vulnerable  women  who  are  allowed  termination  of  pregnancy  on meeting certain conditions and with the permission of two doctors; and
- (e)  if  so,  the  details  of  implementation  status thereof  including  violations noticed and action taken thereon?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE (DR MANSUKH MANDAVIYA)

- (a) to (e) A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO LOK SABHA STARRED QUESTION NO. 186* FOR 10 TH  DECEMBER, 2021

- (a) Yes, the Medical Termination of Pregnancy (Amendment) Rules, 2021 have been notified on 12 th October, 2021. The link to access the MTP (Amendment) Rules, 2021 is as follows:

https://egazette.nic.in/WriteReadData/2021/230390.pdf

- (b) & (c) Yes, as per Rule 3B of the Medical Termination of Pregnancy (Amendment) Rules,  2021,  minors  are  recognized  as  a  vulnerable  category  for  termination  of pregnancy  beyond  20  weeks  till  24  weeks  of  gestation  and  services  are  made  more accessible to them.

The Rule 6 (7) (medical aid and care) under the POCSO Rules, provides that if a minor is  found  to  be  pregnant,  then  the  Registered  Medical  Practitioner  shall  counsel  the minor,  and  her  parents  or  guardians,  or  support  person,  regarding  the  various  lawful options available to the minor as per the Medical Termination of Pregnancy Act 1971, and the Juvenile Justice (Care and Protection of Children) Act 2015 (2 of 2016)

- (d) & (e) Yes, the Medical Termination of Pregnancy (Amendment) Rules, 2021 define new  categories  of  vulnerable  women  who  are  eligible  for  termination  of  pregnancy beyond  20  weeks  till  24  weeks  of  gestation  with  the  permission  of  two  doctors,  as follows:
- i. Survivors of sexual assault or rape or incest
- ii. Minors
- iii. Change of marital status during the ongoing pregnancy (widowhood and divorce)
- iv. Women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)]
- v. Mentally ill women including mental retardation
- vi. The foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped
- vii. Women  with  pregnancy  in  humanitarian  settings  or  disaster  or  emergency situations as may be declared by the Government

MTP (Amendment) Act & Rules, 2021 have been disseminated to all the State/UTs, and the officials have been oriented and sensitized to the amendments in the Act and Rules.