Medical termination of pregnancy act,1971

pharmaceutical jurisprudence

1. Medical termination of pregnancy act,1971 Prepared by – Ankita V berde Lecurer Indira institute of pharmacy,sadavali .

2. objectives of the Medical Termination of Pregnancy Act, 1971 . The Medical Termination of Pregnancy Act, 1971 was passed by the parliament to provide for the termination of certain pregnancies by Registered Medical Practioner (RMP) at approved place for bonafied medical reasons.

3. Intention of legislature For liberlising certain provisions of termination of pregnancies the following measures are consider while passing this act Health measure : Danger to life or threat to physical or mental healh of pregnant woman. Grounds of humanity Eugenic grounds

4. 1.Guardian ‘Guardian’ means a person taking care of minor person or mentally ill person. 2.Lunatic Lunatic has the meaning assigned to it in section 3 of Indian Lunacy Act,1912. In 2002 “Lunatic” is replaced by “mentally ill person” 3.Mentally ill person ‘ Mentally ill person’ means a person in need of treatment for mental disorder other than mental retardation.

5. 4. Minor Under provisions of Indian Majority Act,1875, ‘minor’ means a person who has not attained age of majority. 5.Registered medical practitioner Means a medical practitioner,possesing any recognized qualification,specified under section -2 of medical council act,1956,whose name is registered in the state medical register and who has experience or training in Gynaecology and obstetrics,as prescribed under the rules made under the act.

6. 6.Owner ‘owner’ in relaion to any place,means,any person,who is administrative head or otherwise responsible for working and maintainance of a hospital or place,by whatever name called,where pregnancy is terminated under the act.

7. Conditions for approval of places for termination of pregnancies Places where pregnancy may be terminated i ) A Govt. Hospital or ii) A place approved for the purpose of this Act of Govt.

8. Place for the termination of pregnancies shall be approved only if – Conditions : The Government is satisfied that termination of pregnancies may be done therein under safe and hygienic conditions and 2) The following facilities are provided – a ) An operation table and instruments for performing abdominal or gynaecological surgery. b ) Anaesthetic equipment, resuscitation equipment and sterilization equipment. c ) Drugs and parenteral fluids for emergency use.

9. Admission register – The form and maintainance of Admission reg ister are provided under the medical terminaion of Pregnancy regulations,2003. ‘Form III’.recorded are : Serial no. Date of admisssion Date of termination Name of the patient Date of discharge Wife/daughter of Result & remarks Age Name of RMP - opinion Religion Name of RMP by whom pregnancy Address is terminated. Duration of pregnancy Reason

10. Maintain by owner or head or head of the hospital. Maintain for 5 years,secret document In the custody of hospital

11. different circumstances under which pregnancy can be terminated under MTP Act , 1971 1) Consent:- No pregnancy shall be terminated by a RMP without the consent of the pregnant women except: i) When the pregnant woman is less than 18 yrs. of age or ii ) The pregnant woman is lunatic. In case of pregnant woman who is minor or lunatic, the pregnancy may be terminated with a written consent of her guardian.

12. 2) Duration of pregnancies: 1) A pregnancy may be terminated if it is not more than 12 weeks old & a medical practitioner is of the opinion that continuation of such pregnancy i ) May involve a serious risk to the life of pregnant woman, & would result into serious injury to the physical or mental health of the pregnant woman , ii) The child to be born would be seriously handicapped due to physical or mental abnormalities.

13. 2) A pregnancy may be terminated when the length of the pregnancy is more than 12 weeks old but not more than 20 weeks old & not less than 2 RMPs are of the same opinion as above. 3 ) A pregnancy of any duration may be terminated by RMP when is of the opinion that such termination is immediately necessary to save the life of pregnant women . 3) Other cases :- The pregnancy caused due to rape or due to failure of contraceptive device used by any married woman or her husband for the purpose of family planning.

14. offences and penalties As per the latest amendments in M.T.P. Act,1971 i ) The termination of a 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.

15. ii ) Whoever terminates any pregnancy in a place other than that mentioned in sec.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. iii ) Any person being owner of a place which is not approved under clause(b) of sec.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.

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