Medicinal Termination of Pregnancy ACT
1971
Presented By
Mr. Sushil V. Kumbhare
1
ANURAG COLLEGE OF PHARMACY, WARTHI, BHANDARA
FIFTH SEMESTER BACHELOR OF PHARMACY
❑OBJECTIVES
This Act was passed with the object to provide for the termination of certain
pregnancies by registered medical practitioners and for the matters connected
therewith.
❑DEFINITIONS
A.Guardian: A person having the care of a minor or a lunatic
B.Minor: A person who, under the provisions of the Indian Majority Act, 1875
is to be deemed not to have attained his majority.
❖Registered Medical Practitioner:
A medical practitioner who possesses any recognised 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.
❖Owner:
Owner in relation to place, means any person who is the administrative head or
otherwise responsible for the working or maintenance of such hospital or clinic.
❖Place:
It is a building tent, vehicle or vessel or part thereof used for the establishment or
maintenance therein of a hospital or clinic which is used or intended to be used for the
termination of any pregnancy.
❖CCIRCUMSTANCES UNDER WHICH THE PREGNANCIES MAY BE
TERMINATED BY REGISTERED MEDICAL PRACTIONERS
1.The Registered Medical Practitioner may terminate a pregnancy when it is not more
than 12 weeks old and the medical practitioner is of the opinion formed in good faith,
that -
(a)its continuance would result into serious injury to the physical or mental health of
the pregnant woman, or,
(b) the child to be born would be seriously handicapped due to physical or mental
abnormalities.
2. The Registered Medical Practitioner may terminate a pregnancy if it is more than 12
weeks but not more than 20 weeks, if not less than 2 registered medical practitioners
are of the opinion mentioned in 1 above where any pregnancy is alleged by the
pregnant woman to have been caused by rape or as a result of failure of any
contraceptive device used by any married woman or her husband for the purpose of
family planning, it may be presumed to constitute a grave injury to the mental health of
the pregnant woman. To determine, whether, the continuance of a pregnancy would
result into grave injury to the physical and mental health, the pregnant woman's actual
or reasonable foreseeable environment may be taken into consideration.
3. The Registered Medical Practitioner may terminate a pregnancy of a woman of 18
years of age or more with her written consent.
4. The Registered Medical Practitioner may terminate a pregnancy of a woman who is
less than 18 years of age or who attained the age of eighteen years and is lunatic, with
written consent of her guardian.
❑EXPERIENCE OR training
The Medical Termination of Pregnancy Rules 1975 prescribe the experience or
training in gynaecology and obstetrics that a registered medical practitioner should
have to terminate any pregnancy.
(a)A medical practitioner registered in a state Medical Register immediately
before the commencement of the Act, should have not less than three years
experience in the practice of gynacecology and obstetrics.
(b) A medical practitioner, registered in a state Medical Register on or after the date
of the commencement, can terminate the pregnancy,
(i)If he has completed six months of house surgency in gynaecology and obstetrics
or
(ii) If he has experience at any hospital for a period of not less than one year in the
practice of obstetrics and gynaecology or
(iii) If he has assisted a registered medical practitioner in the performance of twenty
five cases of medical termination of pregnancy in a hospital established or maintained,
or a training institute approved by the Government, for this purpose.
(c) In case of a registered medical practitioner who holds a post-graduate degree or
diploma in gynaecology and obstetrics, the experience or training gained during the
course of such degree or diploma is considered.
❑PLACE APPROVED FOR TERMINATION OF PREGNANCIES
The place for the termination of pregnancies shall be approved only if,
(i)The Government is satisfied that the termination of pregnancies may be
done therein under safe and hygienic conditions and
(ii) The following facilities are provided –
(a)An operation table and instruments for performing abdominal or
gynaecological surgery.
(b) Anaesthetic equipment, resuscitation equipment and sterilisation
equipment.
(c) Drugs and parenteral fluids for emergency use.
❑OFFENCES AND PENALTIES.
1.The termination of a pregnancy by a person who is not a registered medical
practitioner shall be an offence punishable under Indian penal code.
2. Any person who wilfully contravenes or wilfully fails to comply with the
requirements of any regulations made by State Government is punishable with fine
upto one thousand rupees.
3. No suit or other legal proceedings shall lie against any Registered Medical
Practitioner for any damage caused or likely to be caused by anything which is in good
faith done or intended to be done under this Act.