III B.PHARMACY (V- SEMESTER). PHARMACEUTICAL JURISPRUDENCE.

1. Medical Termination Of Pregnancy
Act 1971
BALASUNDARESAN M

2. HISTORY
MTP enacted on 1st April, 1971
 Amendments 1975, 2003, 2014, 2020
 Before these act the pregnancies terminated as per Indian
Penal Code and Indian Penal Code is drafted in 1860 during British
rule
 (IPC) Indian Penal Code -> Induced Abortion-> Illegal Induced
Abortion means purposely miscarriage.
 As per IPC penalties abortion practitioner- 3 years imprisonment
or fine or both women- 7 years imprisonment or fine or both
 The fetus has the right to live as per MTP ACT 1971.

3. OBJECTIVE
 Aims to improve the maternal health scenario by preventing
large number of unsafe abortions
 Legalizes abortion services.
 Promote access to safe abortion services to Women.
 Offers protection to medical practitioners who otherwise
would be penalized under the Indian Penal code (Section
315-316).

4. DEFINITIONS
1. GUARDIAN:- is a person taking care of a minor or mentally
ill person
2. LUNATIC:- a person who is mentally ill.
3. MINOR:- a person who is below the legal age of majority.
4. Registered Medical Practitioner:- A person who possesses
any recognized medical qualification as defined under the
Indian Medical Council Act and 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 thisAct.

7. TERMINATION OF PREGNANCIES
I. When the pregnancy is less than 12 weeks;
II. When the pregnancy is exceeds12 weeks but not more than 20
weeks the opinion of two registered medical practitioners sought
that the:-
a) The continuation of the pregnancy would have a serious risk to
the pregnant women along with a grave injury to her physical or
mental health; or
b) There is a grave risk to the child to be born with certain
abnormalities or seriously handicapped.
The provision relating to the opinion of two RPMs shall not apply in
case the termination of pregnancy becomes absolutely necessary to
save the life of pregnant women whose pregnancy exceeds 12 weeks.

8. The Registered Medical Practitioners may terminate a
pregnancy of a woman who is less than 18 years of age or
lunatic , with written consent of her guardian.
The RMP may terminate pregnancy after judgment of
court
Termination of pregnancy shall not be made at any place other
than:
(a) Hospital established and run by Government; or
(b) A place approved for this purpose of this actby
government.
 Every RMP who terminates any pregnancy should certify
the termination in the prescribed Form 1 within 3Hrs. of
the termination.

11. Who Can Terminate Pregnancy
A MTP rules 1975 prescribe the experience or training in
gynecology and obstetrics that a Registered Medical
Practitioners (RMP)should have to terminate any pregnancy.
A Medical Practitioner Registered in a 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.
Medical Practitioner Registered in state medical registeron
after the date of the commencement can terminate the
pregnancy.
In case of Registered Medical Practitioner who holds a post
graduate degree or diploma in gynecology and obstetrics, the
experience or training joined during the course of such
degree or diploma is considered.

12. Approval of a Place
 The CMO of the district shall verify or inspect the place to
ascertain himself that proper facilities and conditions are
maintained for medical termination of pregnancy.
1. The Government is satisfied that termination of pregnancy
may be done therein under safe and hygienic conditions.
2. The following facilities are provided therein namely:
I. An operation table and instruments for performing
abdominal gynecological surgery
II. Anesthetic equipment, resuscitation equipment and
sterilization equipment
III. Drugs and parental fluids for emergency use.
IV. Qualified medical personnel.

13. Maintenance of Records
 Records to the admissions of women for termination of pregnancy shall
be maintained by the head of the hospital or the owner of the approved
place.
 The admission register shall be a secret document and the information
contained there in shall not be disclosed to any person expect as provide
under theAct.
 Every admission register shall be destroyed on the laps of 5 years from
the date of entry in register.
 The consent given by the pregnant women regarding the termination of
her pregnancy together with the certified opinion of the RMP shall be
sealed in an envelope by the RMP. The envelope shall bear the serial no.
assigned to the women, the name shall be marked SECRET. The
envelope shall be kept in safe custody by the head of the Hospital or the
owner of the approved place.

14. Offences & Penalties
 Anyone who fails to comply with rules made under the Act
or contravenes them may be fined up to Rs. 1000/-
 The provision by implication recognizes that the fetus has
the right to life. When the termination of pregnancy is
caused without the consent of the women, punishment may
extend to imprisonment for life or imprisonment of either
description for a term, which may extend to 10 years or fine.

15. Miscellaneous Provisions:
The Central govt. may make rules to give effect to the provision
of this Act to provide for:
I. Experience and /or training of a Registered Medical
Practitioner who intends to terminate pregnancies.
II. Such other matters which may be required to be provided
by rules made under thisAct.
State govt. may make regulation to provide for:
I. Certification of opinion of Registered Medical Practitioner
and preservation or disposal of such certificate.
II. Furnishing of intimation or any such information about
termination of pregnancies as may be specified.