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. P l a c e f o r t h e t e r m i n a t i o n o f p r e g n a n c i e s s h a l l b e
a p p r o v e d o n l y i f – C o n d i t i o n s :
1 ) T h e G o v e r n m e n t i s s a t i s f i e d t h a t t e r m i n a t i o n o f
p r e g n a n c i e s m a y b e d o n e t h e r e i n u n d e r s a f e a n d
h y g i e n i c c o n d i t i o n s a n d
2 ) 2 ) T h e f o l l o wi n g f a c i l i t i e s a r e p r o v i d e d –
a ) A n o p e r a t i o n t a b l e a n d i n s t r u m e n t s f o r
p e r f o r m i n g a b d o m i n a l o r g y n a e c o l o g i c a l s u r g e r y.
b ) A n a e s t h e t i c e q u i p m e n t , r e s u s c i t a t i o n
e q u i p m e n t a n d s t e r i l i z a t i o n e q u i p m e n t .
c ) D r u g s a n d p a r e n t e r a l f l u i d s f o r e m e r g e n c y u s e .

12. Admission register – The form and maintainance of
Admission register 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

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

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19.  Thank you!
Happy learning!