Medical termination of pregnancy act

1. Medical Termination of Pregnancy Act

2. Contents …
➢ Introduction,
➢ Short title, extent and commencement,
➢ Definitions,
➢ Specifications,
➢ The Medical Termination of Pregnancy (Amendment) Bill, 2020
➢ Offences and Penalties.

3. Medical Termination of Pregnancy
➢ Medical Termination of Pregnancy (MTP) Act is an act to provide for the
termination of certain pregnancies by registered medical practitioners and for
matters connected therewith or incidental thereto.

4. Short title, extent and commencement
➢ This Act may be called the Medical Termination of Pregnancy Act, 1971.
➢ It extends to the whole of India except the State of Jammu and Kashmir.
➢ It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

5. Definitions
➢ "guardian" means a person having the care of the person of a minor or a lunatic;
➢ "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912), Lunatic
synonym is “mentally ill person” means a person who is in need of treatment by reason of any mental
disorder other than mental retardation;
➢ "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to be
deemed not to have attained his majority;
➢ "registered medical practitioner" means a medical practitioner who possesses any recognized medical
qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of 1956), whose
name has been entered in a State Medical Register and who has such experience or training in
gynaecology and obstetrics as may be prescribed by rules made under this Act.

6. Specifications
A. When pregnancy can be terminated?
B. Who can Terminate
C. The Place where it can be terminated
D. Consent requirement

7. Specifications
A. When pregnancy can be terminated? - The indication of legal termination:
✓ 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.

8. Specifications
B. Who can Terminate:
✓ 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.

9. Specifications
C. The Place where it can be terminated: No termination of pregnancy shall be
made in accordance with this Act at any place other than:
✓ a hospital established or maintained by Government, or
✓ a place for the time being approved for the purpose of this Act by Government or
a District Level Committee constituted by that Government with the Chief Medical
Officer or District Health Officer as the Chairperson of the said Committee:
Provided that the District Level Committee shall consist of not less than three
and not more than five members including the Chairperson, as the Government
may specify from time to time.

10. Specifications
D. Last but most important Consent requirement:
✓ Form C only the consent of a women is required,
✓ If age <18 years or a mentally ill patient, consent of guardian is required.

11. The Medical Termination of Pregnancy
(Amendment) Bill, 2020
➢ The Medical Termination of Pregnancy (Amendment) Bill, 2020 was introduced in
Lok Sabha by the Minister of Health and Family Welfare on March 2, 2020 and
passed on March 17, 2020 in Lok Sabha.
➢ The Bill amends the Medical Termination of Pregnancy Act, 1971 which provides
for the termination of certain pregnancies by RMP.
➢ The Bill adds the definition of termination of pregnancy to mean a procedure
undertaken to terminate a pregnancy by using medical or surgical methods.

12. The Medical Termination of Pregnancy
(Amendment) Bill, 2020
➢ Termination of Pregnancy: Under the Act, a pregnancy may be terminated
within 12 weeks, if a registered medical practitioner is of the opinion that:
➢ continuation of the pregnancy may risk the life of the mother, or cause grave injury
to her health, or
➢ there is a substantial risk that the child, if born, would suffer physical or mental
abnormalities. For termination of a pregnancy between 12 to 20 weeks, two
medical practitioners are required to give their opinion.

13. The Medical Termination of Pregnancy
(Amendment) Bill, 2020
➢ The Bill amends this provision to state that a pregnancy may be terminated within
20 weeks, with the opinion of a registered medical practitioner.
➢ Approval of two registered medical practitioners will be required for termination
of pregnancies between 20 to 24 weeks.
➢ The termination of pregnancies up to 24 weeks will only apply to specific
categories of women, as may be prescribed by the central government.
➢ Further, the central government will notify the norms for the medical practitioner
whose opinion is required for termination of the pregnancy.

14. The Medical Termination of Pregnancy
(Amendment) Bill, 2020
➢ Constitution of a Medical Board: The Bill states that the upper limit of termination of
pregnancy will not apply in cases where such termination is necessary due to the diagnosis of
substantial foetal abnormalities.
➢ These abnormalities will be diagnosed by a Medical Board. Under the Bill, every state government
is required to constitute a Medical Board.
➢ These Medical Boards will consist of the following members:
➢ a gynaecologist,
➢ a paediatrician,
➢ a radiologist or sonologist, and
➢ any other number of members, as may be notified by the state government.
Note that, the central government will notify the powers and functions of these Medical Boards.

15. The Medical Termination of Pregnancy
(Amendment) Bill, 2020
➢ Protection of privacy of a woman: The Bill states that no registered medical
practitioner will be allowed to reveal the name and other particulars of a woman
whose pregnancy has been terminated, except to a person authorised by any law.
➢ Anyone who contravenes this provision, will be punishable with imprisonment of up
to one year, or with a fine, or both.

16. Provision of Medical Termination of
Pregnancy (MTP) Bill, 2020
➢ The draft Bill proposes requirement of opinion of one registered medical practitioner (RMP)
for termination of pregnancy up to 20 weeks of gestation.
➢ Similarly, it also provides for the requirement of opinion of two RMPs for termination of
pregnancy of 20 to 24 weeks.
➢ The Bill also seeks to increase the upper gestation limit from 20 to 24 weeks for survivors of
rape, victims of incest and other vulnerable women. It will also include minor girls.
➢ The Bill seeks to relax the contraceptive-failure condition for “any woman or her partner”
from the present provision for “only married woman or her husband”, allowing them to
medically terminate the pregnancy.

17. Significance of Bill
➢ The Bill will provide greater reproductive rights to women as abortion is considered an
important aspect of the reproductive health of women.
➢ Deaths and injuries from unsafe abortions are largely preventable provided services are
performed legally by trained practitioners.
➢ This will help in decreasing maternal morbidity and mortality and may also help in
preventing wastage of resources invested in a pregnancy.
➢ The special categories of women include rape survivors, victims of incest, the differently
abled and minors.

18. MTP 1971 and MTP Amendment Bill 2020

19. Additional Information
about MTP

20. Offences and Penalties
Violation Penalty
Termination of pregnancy by a person,
who is not a Registered Medical
Practioner
Termination of pregnancy in violation of provisions of the Act 19 is
an offence punishable with Rigorous Imprisonment (R.I.) for a term
which shall not be less than 2 years but which may extend to 7 years
Whoever terminates pregnancy in a
place that is 'unapproved'
Termination of pregnancy in violation of provisions of the Act 19 is
an offence punishable with Rigorous Imprisonment (R.I.) for a term
which shall not be less than 2 years but which may extend to 7 years
If a person wilfully contravenes or
wilfully fails to comply with the
requirements of any regulation made
Penalty of One Thousand Rupees
All offences under the Act are cognizable, non-bailable and non-compoundable.