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DIFFERENCE BETWEEN THE
PCPNDT ACT ,1994 AND
THE MEDICAL
TERMINATION OF
PREGNANCY ACT ,1971.
OBJECTIVES OF THE PCPNDT ACT
• Prohibits sex selection
• Regulate pre-natal diagnostic techniques for
detecting genetic or metabolic disorders or
chromosomal abnormalities or certain
congenital mal-formations or sex linked
disorders
• Prevent misuse of such techniques for the
purpose of sex determination or female
foeticide.
OBJECTIVES OF THE MTP ACT
• The MTP Act aims to regulate and ensure
access to safe abortion care and defines
‘when’ ‘where’ and under ‘what’
circumstances abortion is permissible.
• Act to provide for the termination of certain
pregnancies by registered medical
practitioners and for matters connected
therewith or incidental thereto.
When can PNDT be conducted?
• Pregnant woman is above 35 years of age.
• Pregnant woman has undergone 2 spontaneous
abortions or foetal loss.
• Pregnant woman has been exposed to potentially
teratogenic agents such as drugs , radiations ,
infections or chemicals.
• Pregnant woman or her spouse has a family
history of mental retardation/physical deformities
such as spasticity or any other genetic disease.
• Any other condition specified by the central
supervisory board.
When can MTP be used?
A pregnancy may be terminated by a registered
medical practitioner,
(a) where the length of the pregnancy does not
exceed twelve weeks i one medical
practitioner is required or
(b) where the length of the pregnancy exceeds
twelve weeks but does not exceed twenty
weeks, than two registered medical
practitioners are required.
If
(i) the continuance of the pregnancy would
involve a risk to the life of the pregnant
woman or of grave injury physical or mental
health ; or
(ii) there is a substantial risk that if the child
were born, it would suffer from such physical
or mental abnormalities as to be seriously
handicapped.
• Explanation 1.-Where any, pregnancy is alleged
by the pregnant woman to have been caused by
rape, the anguish caused by such pregnancy shall
be presumed to constitute a grave injury to the
mental health of the pregnant woman.
• Explanation 2.-Where any pregnancy occurs as a
result of failure of any device or method used by
any married woman or her husband for the
purpose of limiting the number of children, the
anguish caused by such unwanted pregnancy may
be presumed to constitute a grave injury to the
mental health of the pregnant woman.
DIFFERENCE BETWEEN THE PCPNDT ACT
,1994 AND THE MEDICAL TERMINATION
OF PREGNANCY ACT ,1971.
E N D
By > Adv. Renu D Singh
Chairperson & Head of Legal Department of Samadhan
Web Site – www.samadhanngo.org
Email- samadhan09@rediffmail.com

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Difference between the pcpndt act

  • 1. DIFFERENCE BETWEEN THE PCPNDT ACT ,1994 AND THE MEDICAL TERMINATION OF PREGNANCY ACT ,1971.
  • 2. OBJECTIVES OF THE PCPNDT ACT • Prohibits sex selection • Regulate pre-natal diagnostic techniques for detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital mal-formations or sex linked disorders • Prevent misuse of such techniques for the purpose of sex determination or female foeticide.
  • 3. OBJECTIVES OF THE MTP ACT • The MTP Act aims to regulate and ensure access to safe abortion care and defines ‘when’ ‘where’ and under ‘what’ circumstances abortion is permissible. • Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto.
  • 4. When can PNDT be conducted? • Pregnant woman is above 35 years of age. • Pregnant woman has undergone 2 spontaneous abortions or foetal loss. • Pregnant woman has been exposed to potentially teratogenic agents such as drugs , radiations , infections or chemicals. • Pregnant woman or her spouse has a family history of mental retardation/physical deformities such as spasticity or any other genetic disease. • Any other condition specified by the central supervisory board.
  • 5. When can MTP be used? A pregnancy may be terminated by a registered medical practitioner, (a) where the length of the pregnancy does not exceed twelve weeks i one medical practitioner is required or (b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, than two registered medical practitioners are required.
  • 6. If (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health ; or (ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
  • 7. • Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. • Explanation 2.-Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.
  • 8. DIFFERENCE BETWEEN THE PCPNDT ACT ,1994 AND THE MEDICAL TERMINATION OF PREGNANCY ACT ,1971. E N D By > Adv. Renu D Singh Chairperson & Head of Legal Department of Samadhan Web Site – www.samadhanngo.org Email- samadhan09@rediffmail.com