The Medical Termination of Pregnancy Act of 1971 provides the legal framework for abortions in India by specifying the conditions under which pregnancies can be terminated, who is authorized to perform terminations, and where they can be performed. The Act aims to allow abortions by registered medical practitioners to be done safely and delegates authority over abortions to central and state governments. It specifies that pregnancies can be terminated if continuing the pregnancy risks the woman's life or health, if the fetus has physical or mental abnormalities, in cases of rape, or contraceptive failure in married women. Only registered medical practitioners with the required training and experience working in government-approved facilities can terminate pregnancies legally under the Act.
The Medical Termination of Pregnancy (MTP) Act 1971 — a law that was considered ahead of its times — legalized abortion in India up to 20 weeks of pregnancy, based on certain conditions and when provided by a registered medical practitioner at a registered medical facility. Conditions under the MTP Act under which a pregnancy may be terminated are continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health. Also, substantial risk that the child, if born, would be seriously handicapped due to physical or mental abnormalities; pregnancy is caused by rape (presumed to constitute grave injury to mental health) and pregnancy is due to failure of contraceptive in a married woman or her husband (presumed to constitute grave injury to mental health).
Medical Termination of Pregnancy (MTP) Act,1971
Reasons for Abortion
Unwanted sex
Sexual violence
Unwanted pregnancy
Objectives
Aims to improve the maternal health scenario by preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity
Legalizes abortion services
Promotes access to safe abortion services to womenn
Offers protection to medical practitioners who otherwise would be penalized under the India Penall Code (sections 315-316)
Legal framework
MTP Act
Lays down when & where pregnancies can be terminated
Grants the central govt. power to make rules and the state govt. power to frame regulations
MTP Rules
Lays down who can terminate the pregnancy, training requirementss, approval process for place, etc.
MTP Regulations
Lays down forms for opinion, maintenance of records
Custody of forms and reporting of cases
Legal abortions
Termination done by a medical practitioner approvedd by the Act
Termination done at a place approved under the Act
Termination done for conditions and within the gestation prescribed by the Act
Other requirements of the rules & regulations are complied
Application
Risk to the life or grave injury to the physical or mental health of woman
Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped
Pregnancy caused by rape (presumed grave injury to mental health)
Contraceptive failure in married couple presumed grave injury to mental health
The Medical Termination of Pregnancy (MTP) Act 1971 — a law that was considered ahead of its times — legalized abortion in India up to 20 weeks of pregnancy, based on certain conditions and when provided by a registered medical practitioner at a registered medical facility. Conditions under the MTP Act under which a pregnancy may be terminated are continuation of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health. Also, substantial risk that the child, if born, would be seriously handicapped due to physical or mental abnormalities; pregnancy is caused by rape (presumed to constitute grave injury to mental health) and pregnancy is due to failure of contraceptive in a married woman or her husband (presumed to constitute grave injury to mental health).
Medical Termination of Pregnancy (MTP) Act,1971
Reasons for Abortion
Unwanted sex
Sexual violence
Unwanted pregnancy
Objectives
Aims to improve the maternal health scenario by preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity
Legalizes abortion services
Promotes access to safe abortion services to womenn
Offers protection to medical practitioners who otherwise would be penalized under the India Penall Code (sections 315-316)
Legal framework
MTP Act
Lays down when & where pregnancies can be terminated
Grants the central govt. power to make rules and the state govt. power to frame regulations
MTP Rules
Lays down who can terminate the pregnancy, training requirementss, approval process for place, etc.
MTP Regulations
Lays down forms for opinion, maintenance of records
Custody of forms and reporting of cases
Legal abortions
Termination done by a medical practitioner approvedd by the Act
Termination done at a place approved under the Act
Termination done for conditions and within the gestation prescribed by the Act
Other requirements of the rules & regulations are complied
Application
Risk to the life or grave injury to the physical or mental health of woman
Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped
Pregnancy caused by rape (presumed grave injury to mental health)
Contraceptive failure in married couple presumed grave injury to mental health
The Maternity Benefit Act, 1961 (with latest amendments)Rashi Shukla
Maternity Benefit Act, 1961 is a boon for the working women in the sense that they don’t have job insecurity during their maternity period. This act regulate the employment of women & provide maternity & other benefits to them.
Key words:
Medical termination rules, termination act, penalty of illegal's pregnancy termination, what is family planning, approval process, Application form for approval,Maintaince of admission register, circumstances for termination of pregnancy ,What is MTP act, objectives of MTP act, what is owner, what is minor,
Abortion laws in India - A comparative analysis of India with the world (case...VehaPandya
A detailed analysis of abortion laws and practices all over the world with a key emphasis on Abortion Laws in India - supplemented with real life case studies and legal dilemmas faced by the indian judiciary.
Legal aspects of abortion care By DR ALKA MUKHERJEE NAGPUR M.S. INDIAalka mukherjee
Provisions Under the MTP Act, Rules, and Regulations for Compliance The MTP Act enacted in 1971 and as amended in 2002; the MTP Rules, 2003; and the MTP Regulations, 2003 govern the provision of abortions or MTP in India. The MTP Act, and the Rules and Regulations framed thereunder provide an ambit under which legal abortion services can be provided up to 20 weeks of pregnancy. The MTP Act provides details about the following aspects of abortion services: l Conditions under which pregnancy may be terminated. [MTP Act: Section 3 (2)] l Who can provide abortion services. [MTP Act: Section 2 (d) and Rule 4] l Sites where abortion service can be provided. [MTP Act: Section 4] l Documentation and records for abortion services. [Rule 5, Rule 9, Regulation 3, Regulation 4 (5), and Regulation 5] l Punishments for violation of the MTP Act. [MTP Act: Section 5 (2), Section 5 (3), and Section 5 (4)] Legal Provider Currently, MTP can be legally provided only by a registered medical practitioner (RMP) – a medical practitioner who possesses any recognised medical qualification as defined 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 one or more of the following experience or training in gynaecology and obstetrics [MTP Act: Section 2 (d); and Rule 4]: 1. In the case of a medical practitioner, who was registered in a State Medical Register immediately before the commencement of the Act, experience in the practice of gynaecology and obstetrics for a period not less than three years. 2. In the case of a medical practitioner, who was registered in a State Medical Register after the commencement of the Act and: a. Has completed six months of house surgency in gynaecology and obstetrics; or b. Has experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology; 23 for Service Providers GUIDANCE: Ensuring Access to safe Abortion and Addressing Gender Biased Sex Selection or c. Holds a post-graduate degree or diploma in gynaecology and obstetrics; or d. Has assisted an RMP in the performance of 25 cases of MTP of which at least five have been performed independently, in a hospital established or maintained by the Government, or a training institute approved for this purpose by the Government. This training will enable the RMP to do only first trimester terminations (up to 12 weeks of gestation). Site Approval l A private site has to be approved by the District Level Committee (DLC) for providing MTP services. There are separate requirements for approval for first and second trimester abortion services. [MTP Act: Section 4 (b) and Rule 5] l The certificate of approval by the DLC needs to be conspicuously displayed at the site to be easily visible to persons visiting the place. [Rule 5 (7)] l Public sector sites do not need separate approval for providing MTP services. [MTP Act:
The Maternity Benefit Act, 1961 (with latest amendments)Rashi Shukla
Maternity Benefit Act, 1961 is a boon for the working women in the sense that they don’t have job insecurity during their maternity period. This act regulate the employment of women & provide maternity & other benefits to them.
Key words:
Medical termination rules, termination act, penalty of illegal's pregnancy termination, what is family planning, approval process, Application form for approval,Maintaince of admission register, circumstances for termination of pregnancy ,What is MTP act, objectives of MTP act, what is owner, what is minor,
Abortion laws in India - A comparative analysis of India with the world (case...VehaPandya
A detailed analysis of abortion laws and practices all over the world with a key emphasis on Abortion Laws in India - supplemented with real life case studies and legal dilemmas faced by the indian judiciary.
Legal aspects of abortion care By DR ALKA MUKHERJEE NAGPUR M.S. INDIAalka mukherjee
Provisions Under the MTP Act, Rules, and Regulations for Compliance The MTP Act enacted in 1971 and as amended in 2002; the MTP Rules, 2003; and the MTP Regulations, 2003 govern the provision of abortions or MTP in India. The MTP Act, and the Rules and Regulations framed thereunder provide an ambit under which legal abortion services can be provided up to 20 weeks of pregnancy. The MTP Act provides details about the following aspects of abortion services: l Conditions under which pregnancy may be terminated. [MTP Act: Section 3 (2)] l Who can provide abortion services. [MTP Act: Section 2 (d) and Rule 4] l Sites where abortion service can be provided. [MTP Act: Section 4] l Documentation and records for abortion services. [Rule 5, Rule 9, Regulation 3, Regulation 4 (5), and Regulation 5] l Punishments for violation of the MTP Act. [MTP Act: Section 5 (2), Section 5 (3), and Section 5 (4)] Legal Provider Currently, MTP can be legally provided only by a registered medical practitioner (RMP) – a medical practitioner who possesses any recognised medical qualification as defined 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 one or more of the following experience or training in gynaecology and obstetrics [MTP Act: Section 2 (d); and Rule 4]: 1. In the case of a medical practitioner, who was registered in a State Medical Register immediately before the commencement of the Act, experience in the practice of gynaecology and obstetrics for a period not less than three years. 2. In the case of a medical practitioner, who was registered in a State Medical Register after the commencement of the Act and: a. Has completed six months of house surgency in gynaecology and obstetrics; or b. Has experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology; 23 for Service Providers GUIDANCE: Ensuring Access to safe Abortion and Addressing Gender Biased Sex Selection or c. Holds a post-graduate degree or diploma in gynaecology and obstetrics; or d. Has assisted an RMP in the performance of 25 cases of MTP of which at least five have been performed independently, in a hospital established or maintained by the Government, or a training institute approved for this purpose by the Government. This training will enable the RMP to do only first trimester terminations (up to 12 weeks of gestation). Site Approval l A private site has to be approved by the District Level Committee (DLC) for providing MTP services. There are separate requirements for approval for first and second trimester abortion services. [MTP Act: Section 4 (b) and Rule 5] l The certificate of approval by the DLC needs to be conspicuously displayed at the site to be easily visible to persons visiting the place. [Rule 5 (7)] l Public sector sites do not need separate approval for providing MTP services. [MTP Act:
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.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
1. MEDICAL TERMINATION OF PREGNANCY ACT 1971
An Act to provide for the Termination of certain pregnancies by registered
medical practioners & for matters connected therewith & incidental thereto”
Legislated by the Parliament on August 10th , 1971
And the Act was enforced Nationwide from April 1st , 1972
Adopted by Kashmir & Mizoram- 1980
MTP Act, Rules & Regulations
MTP Act Is an Act of Parliament providing an Overview of Safe abortions and
delegating authority to Central & State government
Rules are framed by the Central Government BUT must be ratified by each
house of Parliament
Regulations are framed by the State Government & relate to issues involving
Opinions , reporting and maintaining secrecy
Legal Framework
MTP Act
Rules
Regulation
MTP Act specifies :-
1. The Indications for legal Terminations
2. Who can Terminate
3. The Place where it can be terminated
4. Last but most important Consent requirement
1. Indications :- When pregnancy can be terminated.. ???
2. Continuation of pregnancy is a risk to the life of pregnant woman or it can
cause grave injury to her physical and mental health
Substantial risk that the child , if born ,would be seriously handicapped due to
physical or mental abnormalities
Pregnancy caused by rape
Failure of contraceptive in married woman
2. Who can terminate the pregnancy???
A Registered Medical practitioner (RMP )who has a recognized Medical
qualification as defined in clause ( b) of Sec 2 of indian Medical Counsel Act,
1956 Whose name is registered in a state Medical register
Who has training experience as per MTP rules
Experience of RMP - Up to 12 wks of gestation only
Before the commencement of act experience minimum 3yrs
Who is registered in state medical register ---6months of house surgeon-ship
in gynaecology
Or experience of working in department of gynaecology –1yr
A Practitioner who has assisted RMP in 25 cases of Medical termination of
pregnancies, at least 5 of which have been performed independently in a
hospital established or maintained by government or a training institute
approved for this purpose by the Government.
Experience and Training Required by a RMP - up to 20 wks
PG Degree or Diploma in OBG
Completed 6 months as House Surgeon in OBG
At least one yr experience in dept of OBG at any hospital that has all facilities.
3. Where pregnancy can be terminated???[ PLACE]
3. Hospitals established or maintained by the Government
A Place approved by the Government or DLC constituted by the Government. -
Consent - -
Only the consent of a women is required
If Age <18 yrs or a mentally ill patient, consent of guardian is required.
Violation of The ACT
Any person doing MTP and not a RMP can be punished with rigorous
imprisonment for 2-7 yrs.
If terminating at a place which is not approved can be punished 2-7 yrs
rigorous imprisonment.
The owner of unapproved place , performing termination can also be punished
with rigorous imprisonment 2-7 yrs.
Legal abortion means
Termination done at a place approved under the Act.
Termination done for conditions and within the gestation prescribed the Act
Termination done by a medical practitioner approved by the act.
Other requirements of the rules and regulations are complied with.
Take home message
It is necessary to do register your nursing home under the MTP act, if you
are going to do MTP
Must follow all the rules and regulations under MTP strictly and correctly
All paper work must be complete before you start an MTP ,one never
knows when an emergency arises
Cultivate good habits like keeping and preparing documents well in time