MIND NURTURE KRISHNA Page 1 of 2

MEDICAL TERMINATION OF PREGNANCY ACT AND RULE

❖ Introduction and basic understanding
• Medical termination of pregnancy is refers as the induction of abortion. The induction of abortion may be
legal & illegal. There are many countries in the globe where the abortion is not yet legalized. In India the
abortion was legalized by “medical termination of pregnancy Act ’’of 1971, & has been enforced in the April
1972
➢ Definition
Deliberate termination of pregnancy either by the medical & surgical method before the viability of the fetus is
called induction of abortion

➢ Medical termination of PREGNANCY ACT 1971:-

• The Indian abortion laws falls under the Medical Termination of Pregnancy (MTP) Act, which was enacted by
the Indian Parliament in the year 1971 with the intention of reducing the incidence of illegal abortion and
consequent maternal mortality and morbidity. The MTP Act came into effect from 1 April 1972 and was
amended time to time (in the years 1975 and 2002 and 2021).
• Recently, the Supreme Court permitted a rape survivor to terminate her pregnancy at 24 weeks, which is
beyond the permissible 20 weeks limit prescribed under the Medical Termination of Pregnancy Act, 1971

➢ Definitions-In this Act,

a) Guardian means a person having the care of the person of a minor or a lunatic;
b) Lunatic has the meaning assigned to it in section 3 of the Indian Lunatic Act,); means a person who is
mentally ill
c) Minor means a person who, under the provisions of the Indian Majority Act, is to be deemed not to have
attained his majority;
d) Registered medical practitioner means a medical practitioner who possesses any recognized medical
qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, whose name has
been entered in a State Medical Register and who has such experience or training in gynaecology and
obstetrics as may be prescribed by rules made under this Act.

➢ Place where pregnancy may be terminated -

No termination of pregnancy shall be made in accordance with this Act at any place other than -
• (a) A hospital established or maintained by Government, or
• (b) A place for the time being approved for the purpose of this Act by Government

➢ Legal Abortion
• Termination is performed by the registered medical practitioners[assisted in at least 25 mtp & degree in
Obstetrics and gynaecology(OBG)] by the act.
• Termination is done at the place approved under the act.
• Termination done for condition & within the gestation week prescribed by the act.
• The abortion has to be reported to the director of health service of the state.

➢ Indications
Women whose physical and/or mental health were endangered by the pregnancy
i) Women facing the birth of a potentially handicapped or malformed child
ii) Rape
iii) Pregnancies in unmarried girls under the age of eighteen with the consent of a guardian
iv) Pregnancies that are a result of failure in contraception.
 MIND NURTURE KRISHNA Page 2 of 2

❖ Salient features of amendments:

The Rajya Sabha has approved the Medical Termination of Pregnancy (Amendment) Bill, 2021 to amend the
Medical Termination of Pregnancy Act, 1971 on 16th March 2021. The Bill was approved in Lok Sabha on 17th
March 2020.

➢ Salient features of amendments:

• Enhancing the upper gestation limit from 20 to 24 weeks for special categories of women which will be defined
in the amendments to the MTP Rules and would include survivors of rape, victims of incest and other vulnerable
women (like differently-abled women, minors) etc.
• Opinion of only one RMP will be required up to 20 weeks of gestation and of two RMP for termination of
pregnancy of 20-24 weeks of gestation.
• Upper gestation limit not to apply in cases of substantial foetal abnormalities diagnosed by Medical Board. The
composition, functions and other details of Medical Board to be prescribed subsequently in Rules under the Act.
• Name and other particulars of a woman whose pregnancy has been terminated shall not be revealed except to a
person authorized in any law for the time being in force.
• The ground of failure of contraceptive has been extended to women and her partner.

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