The MTP Act 1971

Dr. K. N. Patel

The Medical termination of Pregnancy Act THE MEDICAL TERMINATION OF

PREGNANCY ACT, 1971 (Act No. 34 of 1971) (10th August 1971)

the Medical Termination of Pregnancy (Amendment) Act, 2002

MEDICAL TERMINATION OF PREGNANCY REGULATIONS, 2003 MINISTRY OF HEALTH AND FAMILY WELFARE( Department of Family Planning)New Delhi, the 13th June April, 2003 They extend to all the Union territories

Aim Health care measure which helps to

reduce maternal morbidity and mortality resulting from illegal abortions

It provides an opportunity to motivate women for adopting some form of contraception

to regulate and ensure access to safe abortion care and defines ‘when’ ‘where’ and under ‘what’ conditions abortion is permissible

Main components

Conditions under which the pregnancy can be terminated

Person/s who can perform such termination

Place where such termination can be performed

Conditions under which pregnancy can be terminated Medical: Grave injury to physical, mental

health of mother if pregnancy is continued Eugenic: Substantial risk to child, serious

handicap due to physical-mental abnormality

Humanitarian: Pregancy as a result of rape Socioeconomic: risk of health of mother Failure of contraceptive device

Person/s who can perform such termination Up to 12 wks: A Registered Medical

Practitioner having experience in obstetric and gynecology PG in O&G MBBS trained for MTP

12 – 20 wks: Two Registered Medical Practitioners having experience in obstetric and gynecology

Consent

 (a)        No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian.

(b)        Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.

Amendment

A place for the time being approved for the purpose of this  Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee

Offence and penalty

the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years

Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years

Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years

MTP Act: Concerns The default recognition of all public health

institutions as abortion facilities also implies the responsibility of the government to make each public health institution capable of providing abortion care and hence makes the state accountable for it

Covert and overt coercion for post-abortion contraceptive use in public institutions often compels women to seek unsafe abortion elsewhere