Medical Termination Of Pregnancy Act 1971

Alok Kumar
 HISTORY
1) First provision in 1860 during British rule.
2) Medical Termination of Pregnancy is referring as the induction
of abortion.
3) MTP enacted on 1st April 1971.
4) Amendments 1975, 2003, 2020, 2021
5) The fetus has the right to live as per MTP ACT 1971.
6) In India, article 21 of the constitution guarantees right to life.

Act Passed 1971

Rules passed 1975

Regulation passed (by Ministry of Health 2003

and family welfare)
Amendments 1975, 2002, 2014, 2020,2021
Alok Kumar
 AIM/ OBJECTIVE

1) Aims to improve the maternal health scenario by preventing

large number of unsafe abortions and consequent high
incidence of maternal mortality and morbity can achieved.
2) Legalizes abortion services.

3) Promote access to safe abortion services to Women.

4) Offers protection to medical practitioners who otherwise would
be penalized under the Indian Penal code (Section 315-316).

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 Definitions
1. “mentally ill person” means a person who is in need of
treatment by reason of any mental disorder other than mental
retardation.

2. “guardian” means a person having the care of the person of

a minor or a 3 [mentally ill person]

3. “minor” means a person who, under the provisions of the

Indian Majority Act, 1875 (9 of 1875), is to be deemed not to
have attained his majority.

4. “termination of pregnancy” means a procedure to

terminate a pregnancy by using medical or surgical methods.
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 Condition For Termination of Pregnancy
(section 3 of the Act)

CONDITION EXEMPTION
Humanitarian Aspect Pregnancy arises due to sex crime, intercourse
with lunatic women.
Health aspects Pregnancy grave risk to life, physical or mental
health of a women.
Eugenic aspect Where child to be born is likely to have
deformities or mental abnormalities as to be
seriously handicapped.

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Alok Kumar
 TERMINATION OF PREGNANCIES

1) When the pregnancy is less than 12 weeks; the opinion of at

list One registered medical practitioners is there.

2) When the pregnancy is exceeds12 weeks but not more than 20 weeks the
opinion of two registered medical practitioners are there.

The RMP may terminate a pregnancy of a women of 18 years old or more with her
written consent.

If less than 18 years old or is lunatic (as define in lunatic act 1972) with written
Consent of her guardian.

*Lunatic:- A person who mentally ill.

*Guardian:- Means a person having the care of minor or a lunatic (mentally ill
person).
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 Who Can Terminate Pregnancy….??

A MTP rules 1975 prescribe the experience or training in gynecology

and obstetrics that a Registered Medical Practitioners (RMP) should
have to terminate any pregnancy.

a) Medical Practitioner registered before commencement of Act:

should have not less than 3 years experience in the practice of
gynecology and obstetrics.

b) Medical Practitioner Registered after the commencement of Act:

(i) Completed at least 6-month house surgery in gynecology and obstetrice.
(ii) He/she had experience at any hospital for not less than 01 year in practice
of gynecology and obstetrics.
(iii) He has assisted a RMP in the in t least 25 cases of medical termination of
pregnancy in hospital established or maintained by the govt.

c) Holds a post graduate degree or diploma in gynecology and obstetrics.

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 APPROVAL OF A PLACE

❖ The CMO of the district shall verify or inspect the place to ascertain
himself that proper facilities and conditions are maintained for medical
termination of pregnancy.

1. The Government is satisfied that termination of pregnancy may be done

therein under safe and hygienic conditions.
2. The following facilities are provided therein namely:-
3. An operation table and instruments for performing
4. Abdominal gynecological surgery
5. Anesthetic equipment, resuscitation equipment and Sterilization
equipment.
6. Drugs and parental fluids for emergency use.

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 MAINTENANCE OF RECORDS

a) Records to the admissions of women for termination of pregnancy shall be

maintained by the head of the hospital or the owner of the approved place.

b) The admission register shall be a secret document and the information

contained there in shall not be disclosed to any person expect as provide
under the Act.
c) Every admission register shall be destroyed on the laps of 5 years from the
date of entry in register.
d) The consent given by the pregnant women regarding the termination of her
pregnancy together with the certified opinion of the RMP shall be sealed in
an envelope by the RMP.
e) The envelope shall bear the serial no. assigned to the women; the name shall
be marked SECRET.
f) The envelope shall be kept in safe custody by the head of the Hospital or the
owner of the approved place.
 Offences & Penalties

Offences
1. Termination of Pregnancy by a
person who is not a Registered
Medical Practitioner.
2. Termination of pregnancy in a
place other than approved place.
Penalties
• 02 years of rigorous imprisonment,
extendable to 07 years.
• 02 years of rigorous imprisonment,
extendable to 07 years.

3. Termination of Pregnancy by any • 02 years of rigorous imprisonment,

person being owner of a place extendable to 07 years.
which is not approved.

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 Offences & Penalties

❖ Anyone who fails to comply with rules made under the Act or
contravenes them may be fined up to Rs. 1000/-

❖ The provision by implication recognizes that the fetus has the right
to life. When the termination of pregnancy is caused without the
consent of the women, punishment may extend to imprisonment for
life or imprisonment of either description for a term, which may
extend to 10 years or fine.

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Miscellaneous Provisions:

The Central govt. may make rules to give effect to the provision
of this Act to provide for:
I. Experience and /or training of a Registered Medical Practitioner
who intends to terminate pregnancies.
II. Such other matters which may be required to be provided by
rules made under this Act.

State govt. may make regulation to provide for:

I. Certification of opinion of Registered Medical Practitioner and
preservation or disposal of such certificate.
II. Furnishing of intimation or any such information about
termination of pregnancies as may be specified.
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Alok Kumar