The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy

The Indian penal code, 1860, which enacted more than a century a go, on the basis of the then British law, contained some provision regarding the termination of pregnancy. Abortion was a crime, for which the mother as well as the abortionist could be punished except were it has been induced in order to save the life of the mother. This strict law has been observed in the breach all over the country. This breach of law, which went unnoticed, was one of the major factors for the untimely death of pregnant mother. Moreover during the then prevailing circumstances medical facility was not sufficient. In recent year, healthy service has expanded and the services of hospitals are being availed to all classes of people. Doctor has often been confronted with gravely ill or dying pregnant women uterus has been tampered with a view to causing an abortion and consequently has suffered seriously.  In order to save pregnant women’s health, strength and sometime life The Medical Termination of Pregnancy bill was introduced in the parliament.

The Medical Termination of Pregnancy

The Medical Termination of Pregnancy Act, 1971 provides for the termination of certain pregnancies and for matters connected therewith or incidental thereto by registered medical practitioner.

When pregnancy can be terminated by registered medical practitioners:

In term of section 3 of the Medical Termination of Pregnancy Act, 1971 a pregnancy may be terminated by a registered medical practitioner under the following circumstances:-

The Medical Termination of Pregnancy

1)    Where the length of pregnancy does not exceed twelve week, if a medical practitioner is: or 

2)    Where the length of pregnancy exceed twelve week but does not exceed twenty week, if not less than two registered medical practitioner are,

Of the opinion formed in good faith; that-

The Medical Termination of Pregnancy

a)    The continuance of the pregnancy would involve a risk to the life of the pregnant women or of grave injury to her physical or mental health; or

b)    There is a substantial risk That If the Child was Born, It Would Suffer From such Physical or Mental Abnormalities as to Be Seriously Handicapped.

In other words, pregnancy can be by registered medical practitioner Where the length of pregnancy does not exceed twelve week or Where the length of pregnancy exceed twelve week but does not exceed twenty week.

CONSENT:  Pregnancy Of Any Women Who Is Less Than 18 Year or who is mentally ill can be terminated only, with the consent of writing of her guardian [section 3(3)].

The Medical Termination of Pregnancy

Place were pregnancy may be terminated

According to section 4 of Medical Termination of Pregnancy Act, 1971, pregnancy can be terminated either in hospitals established or maintained by the government or at place which is approved by the government or district level committee constituted by the government.

Protection of action taken in good faith.

According to section 6 of Medical Termination of Pregnancy Act, 1971, if any registered medical practitioner causes any damage by any thing which is in good faith, done or intended to be done under the Medical Termination of Pregnancy Act, 1971, no suit or other legal proceeding can be instituted against him.