Efficacy of Medical Termination of Pregnancy (MTP) Act, 1971 and Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994 in India: A Critique

Despite strong recent economic growth, gender inequality remains a major concern for India. It is the duty of the government to ensure that women do not suffer complication related to pregnancy or die due to pregnancy problems. There is constant increase in number of maternal deaths and morbidity reveals the failure of government to protect women's rights and comply with International Law. Though government of India has passed two Acts viz. Medical Termination of Pregnancy Act 1971 and Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act 1994 but still there are not efficient to stop maternal deaths and morbidity in India. Amendments in 2002 and 2003 to the 1971 Medical Termination of Pregnancy Act, including devolution of regulation of abortion services to the district level, punitive measures to deter provision of unsafe abortions, rationalization of physical requirements for facilities to provide early abortion, and approval of medical abortion, have all aimed to expand safe services. Proposed amendments to the MTP Act to prevent sex-selective abortions would have been unethical and violated confidentiality, and were not taken forward. The government should take preventive measures and implement the Acts in totality and held those responsible for the failure of these Acts. This paper discuss the need for the implementation of maternity laws and making constitutional legal norms through international norms to establish accountability for maternal deaths and pregnancy-related.