The MTP Act 1971

Dr. K. N. Patel

The Medical termination of Pregnancy Act

THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 (Act No. 34 of 1971) (10th August 1971) the Medical Termination of Pregnancy (Amendment) Act, 2002 MEDICAL TERMINATION OF PREGNANCY REGULATIONS, 2003 MINISTRY OF HEALTH AND FAMILY WELFARE( Department of Family Planning)New Delhi, the 13th June April, 2003 They extend to all the Union territories

Aim

Health care measure which helps to reduce maternal morbidity and mortality resulting from illegal abortions It provides an opportunity to motivate women for adopting some form of contraception to regulate and ensure access to safe abortion care and defines when where and under what conditions abortion is permissible

Main components

Conditions under which the pregnancy can be terminated Person/s who can perform such termination Place where such termination can be performed

Conditions under which pregnancy can be terminated

Medical: Grave injury to physical, mental health of mother if pregnancy is continued Eugenic: Substantial risk to child, serious handicap due to physical-mental abnormality Humanitarian: Pregancy as a result of rape Socioeconomic: risk of health of mother Failure of contraceptive device

Person/s who can perform such termination

Up to 12 wks: A Registered Medical Practitioner having experience in obstetric and gynecology

PG in O&G MBBS trained for MTP

12 20 wks: Two Registered Medical Practitioners having experience in obstetric and gynecology

Consent
(a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman.

Amendment
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

Offence and penalty

the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years
Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years

MTP Act: Concerns

The default recognition of all public health institutions as abortion facilities also implies the responsibility of the government to make each public health institution capable of providing abortion care and hence makes the state accountable for it Covert and overt coercion for post-abortion contraceptive use in public institutions often compels women to seek unsafe abortion elsewhere