The Medical Termination of Pregnancy Act, 1971. An Act to provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental there.
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MEDICAL TERMINATION OF PREGNANCY ACT SHIVANI GAWALI Under guidance of - VIJAYA RABADE MAAM
AGENDA INTRODUCTION DEFINITIONS PROVISIONS OF THE ACT TRAINING FOR AN RMP TO TERMINATE PREGNANCY MAINTENANCE OF RECORDS OFFENCES AND PENALTIES
Introduction The Medical Termination of Pregnancy Act was passed by the parliament in 1971 with a view to provide for termination of pregnancy by Registered Medical Practitioners for bonafide medical reasons. 3
PRIMARY GOALS The Act extends to the whole of India except the state of Jammu and Kashmir. Legal abortions were difficult at that time and many were being carried out illegally under unhygienic or unsafe conditions resulting in harm to health or life of women. As a population control measure since it provided for termination of unwanted pregnancy resulting from a failure of any device or method used by the married woman or her husband for limiting the number of children.
DEFINITIONS Guardian means a person having the care of the person of a minor or a lunatic. Lunatic has the meaning assigned to it in Section 3 of the Indian Lunacy Act, 1912. 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. Registered medical practitioner means a person who possesses any recognised medical qualification as defined under the Indian Medical Council Act whose name has been entered in a state Medical Register and who has such experience or training in gynecology and obstetrics
PROVISIONS OF THE ACT Presentation title 6 Pregnancies of women, 18 years of age or more, with their consent or in case of women who are less than 18 years of age or are lunatics, with the written consent of their guardian. A pregnancy which is not more than 12 weeks old and the medical practitioner is of the opinion (formed in good faith) that its continuance is a grave danger to the life of the woman or to her physical and mental health or the child to be born would be seriously handicapped due to physical or mental abnormalities. A pregnancy which is more than 12 weeks but not more than 20 weeks old , provided that not less than two registered medical practitioners are of such an opinion. A pregnancy of any duration provided that the medical practitioner is of the opinion that such termination is immediately necessary to save the life of the pregnant woman. A pregnancy which is alleged to have been caused due to rape or due to failure of a contraceptive device used by a woman or her husband for family planning purpose
TRAINING FOR AN RMP TO TERMINATE PREGNANCY 7 If the RMP was registered in a state medical register before the commencement o f this act: experience in the practice of gynecology and obstetrics for not less than three Years. If the RMP was registered on or after the commencement of this act: Six months of house surgery in gynecology and obstetrics. An experience by way of assistance given by the person to an rmp in the performance of twenty five cases of medical termination of pregnancy in a hospital established or maintained, or a training institute approved for this purpose, by the government.
MAINTENANCE OF RECORDS 8 Records pertaining 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. The admission register shall be a secret document and the information contained therein shall not be disclosed to any person except as provided under the Act. Every admission register shall be destroyed on the lapse of five years from the date of last entry in the register 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. The envelope shall bear the serial number assigned to the pregnant woman, the name of the RMP by whom the pregnancy was terminated and shall be marked SECRET, The envelope shall be kept in safe custody by the head of the hospital or the owner of the approved place.
OFFENCES AND PENALTIES 9 The termination of a pregnancy by a person who is not a Registered Medical Practitioner is a punishable offence under the Indian Penal Code. Any one who fails to comply with rules made under the Act or contravenes them may be fined upto ` 1,000 .