Section 3(2)(a) A woman can terminate pregnancy without providing any reason where length doesn’t exceed 12 weeks.
(b)A woman can terminate pregnancy where length exceeds 12 weeks but doesn’t exceed 20 weeks but with the certificate of recommendation from at least two registered medical faculty.
The provided period can be ignored if in the case of continuation of pregnancy
- involves risk
- Cause grave injury to her physical or mental health
- Involves risk to the child or any abnormal physical injury
- Caused by rape
- Due to failure of contraceptive in married woman or her husband
Problems with the Act
- Abortion is depends upon the discretion of the medical practitioner, in the cases like sexual assault and rape, particularly of minors, doctors are unwilling to provide abortion irrespective of gestational stage.
- Ambiguity around the provision of unmarried pregnancy
- Number of cases pending seeking abortion beyond 20 weeks because foetal abnormalities can only be detected after 20 weeks in many cases.
- All these led to delaying access to safe abortion and at the same time repeated examinations
Section 3(2) amended,
- Termination of pregnancy having length of 20 weeks needs only a certificate of recommendation from 1 doctor rather than two.
- Bill provided termination up to 24 weeks but with the opinion of RMPs
- Bill increased the limit from 20 weeks to 24 weeks for the victim of rape and incest and other vulnerable women
- Bill relaxed the contraceptive failure for the unmarried women also and the name and other details shall not revealed except to the person authorized by law
- Upper gestation limit will be applicable to the cases of foetal abnormalities
Abortion is the human right and it should provide in a very efficient manner and this amendment seeks to safety of abortion cases and removing the barriers in case POCSO and PCPNDT.
NOTE This amendment is progressive in nature.