2. OBJECTIVE
This act was passed with the object to provide fopr the termination of
certain pregnancies by registered medical practitioners and for the
matters connected therewith.
DEFINITIONS
Guardian: A person having the care of a minor or a lunatic.
Minor: A person who, under the provisions of the Indian Majority
Act, 1875 is to be deemed not to have attained his majority.
3. Registered Medical Practitioner: A medical practitioner who
possesses any recognized medical qualification as deemed 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 gynecology and obstetrics as may be
prescribed by rules made under this act.
Owner: owner in relation to the place, means ant person who is the
administrative head or otherwise-responsible for the working or
maintenance of such hospital or clinic.
4. • CIRCUMSTANCES UNDER WHICH THE PREGNANCIES
MAY BE TERMINATED BY REGISTERED MEDICAL
PRACTITIONERS.
1. the registered medical practitioner may terminate a pregnency whrn 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 th ephysical or
mental health of the pregnant women or
b) The child to be born would be seriously handicapped due to the
physical or mental abnormalities.
5. 2. The registered medical practitioner may terminate a pregnancy if it
more than 12 weeks but not more than 20 weeks, if not less than 2
registered medical practitioner are of the opinion mentioned in 1.
To determine, whether the continuance of a pregnancy would result
into grave injury to the physical and mental health, the pregnant
women's actual or reasonable foreseeable environment my be taken
into consideration.
6. 3. The registered medical practitioner may terminate a pregnancy of a
women of 18 years of age or more with her written consent.
4. Practitioner may terminate a pregnancy of a women less than 18 years
of age or who attained the age of 18 years is lunatic, with written
consent of her guardian.
7. • EXPERIENCE OR TRAINING
a) A medical practitioner, registered in state medical register
immediately before the commencement of the Act, should have not
less than 3 years experience in the practice of gynecology and
obstetrics.
b) A medical practitioner, registered in state medical register on or after
the date of the commencement, ca terminate the pregnancy
i. If he has completed six months of house surgency in gynaecology
and obstetrics;
8. ii. If he has the experience at any hospital for a period of not less than
one year in the practice of obstetrics and gynaecology.
(c) In case of registered medical practitioner who holds the a post
graduate degree or diploma in gynaecolcogy and obstetrics, the
experience or training gained during the course of such degree or
diploma.
9. • PLACES WHERE PREGNENCY MAY BE TERMINATED
I. A government hospital or
II. A place approved for the purpose of this act of government.
10. • 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 approved
a) An operation table and instruments for performing abdominal or
gynaecological surgery.
b) Anaesthetic equipment, resuscitation and Sterilization Equipment.
c) Drugs and parenteral fluids for emergency use.
11. INSPECTION OF A PLACE FOR TERMINATION OF
PREGNANCY
a place approved under medical termination of pregnancy rules may
be inspected by the chief medical officer of the district, with a view to
verify whether termination of pregnancies is being done under safe
and hygienic condition.
If the CMO is not satisfied as far as safety and hygiene condition of
the place are concerned he may call for any information or may seize
any article, medicine, ampoule, admission register or other document,
maintained, kept or found at the place.
12. CANCELLATION OR SUSPENSION OF CERTIFICATE OF
APPROVAL
i. If the chief medical officer of the district is not satisfied with the
facilities provided under the rules, he shall make a report of the facts
with the detail of deficiencies or defects found at the place to the
government. On receipt of such report, the government may eitheer
cancel the certificate of approval or suspend the same for such period
as it may think fit.
However the owner of the place shall be given a reasonable opportunity
of being heard.
13. MAINTAINANCE OF ADMISSION REGISTER
Medical termination of pregnancy Regulations, 1975, provides for the
maintenance and admission register.
The head of the hospital or owner of the approved place should
maintain a register in prescribed form of the admissions of women for
the termination of their pregnancies.
Serial numbers should be given to each entry in the admission register.
a fresh serial should be given to each calendar year.
14. The serial number of the particular year should be distinguished from
the serial number of the years.
Serial number 7 of 1987 and serial number 7 of 1988 should be as
7/1987 and 7/1988.
The admission register is a secret document.
The details regarding the name and other particulars of the pregnant
woman should not be disclosed to any person.
15. OFFENCES AND PENALTIES
• The termination of a pregnancy by a person who is not a registered
medical practitioner shall be an offence punishable under Indian Penal
Code.
• Any person who wilfully contravenes or wilfully fails to comply with
the requirements of any regulations made by state Government is
punishable with fine up to one thousand rupees.
• .
16. • 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.
17. CASE STUDY
• Unsafe abortion is one of the four main causes of maternal mortality
and morbidity. One of the reasons for unsafe abortion is because safe
abortion services are frequently not available, even when they are
legal for a variety of indications in almost all countries including
India.
• A case of alleged illicit sexual relations of an unmarried woman of 27
years and consequently pregnancy and criminal abortion by an
unqualified and inexperienced doctor came before the SC in appeal.
18. • Accused doctor had been convicted and sentenced by the trial court
for seven years along with fine, concurred by the MP High Court.
Case came before the SC in Appeal by the co-accused in this case.
• Various issues related to provisions of Indian Penal Code (IPC),
Medical Termination of Pregnancy Act and Rules, qualification and
experience of the doctor for MTP, Approval of the place for MTP, and
issue of conviction and sentence of alleged accused, etc. has been
discussed to create awareness among stakeholders to avoid further
cases of criminal abortions in India.
• This may help in decreasing maternal morbidity and mortality in India
due to criminal abortions.
