Mtp

act
 By : Yogesh Kumar
(23)
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 thereto.”
 The MTP Act lays down the condition under
which a pregnancy can be terminated, the
persons and the place to perform it.
 It was passed on 10th aug, 1971.

 It extends to the whole of India except Jammu

and Kashmir.



Definitions
 


 (a) “guardian” means a person having the

care of a minor or a lunatic; 
 (b) “lunatic” has the meaning assigned to it in
section 3 of the Indian Lunatic Act, 1912 ( 4
of 1912); 
 (c) “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;

 (d) “registered medical practitioner” means a
medical practitioner who possesses any
recognized medical qualification as defined
in clause (h) of section 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

gynecology and obstetrics as may be
prescribed by rules made under this Act.

reasons: sec 3 (2)
 The reasons for which MTP is done, as interpreted
from the Indian MTP Act, are:

(i) Where a pregnant woman has a serious

medical disease and continuation of pregnancy
could endanger her life like:
 Heart diseases.
 Severe rise in blood pressure.
 Uncontrolled vomiting during pregnancy
 Cervical/ breast cancer.
 Diabetes mellitus with eye complication
(retinopathy).
 Epilepsy.
 Psychiatric illness.
 (ii) Where the continuation of
pregnancy could lead to substantial
risk to the newborn, leading to serious
physical / mental handicaps examples
like Chromosomal abnormalities.
 Rubella (German measles) viral
infection to mother in first three
months.
 If previous children have congenital
abnormalities.
 Rh iso-immunisation.
 Exposure of the foetus to irradiation.

 (iii) Pregnancy resulting of rape.

(iv) Conditions where the socio-

economic status of the mother
(family) hinders the progress of a
healthy pregnancy and the birth of a
healthy child.
 Failure of Contraceptive Device
irrespective of the method used
(natural methods/ barrier methods/
hormonal methods).
This condition is a unique feature of
the Indian Law. All the pregnancies
can be terminated using this criterion.
 pregnancies not exceeding 12 weeks
-may be terminated based on a single
opinion of registered medical
practitioner
 Whenever the pregnancy exceeds 12
weeks but is below 20 weeks - opinion
of two registered medical practitioners
is necessary
Consent: sec 2(4)
 If married--- her own written consent.
Husband’s consent not required.
 If unmarried and above 18years ---her own
written consent.
 If below 18 years ---written consent of her
guardian.
 If mentally unstable --- written consent of her
guardian.
 A consent assures the clinician performing the
abortion that she:
Has been informed of all her options.
Has been counselled about the procedure,
its risks and how to care for herself after she
chosen the abortion of her own free will.
Physicians qualified to do MTP: sec 2
clause (d)

 Any qualified registered medical

practitioner who has assisted in 25
MTPs.


A house surgeon who has done six

months post in Obstetrics and
Gynaecology.


A person who has a diploma /degree in

Obstetrics and Gynaecology.



 3 years of practice in Obstetrics and
Gynaecology for those doctors registered
before the 1971 MTP Act was passed.


 1 year of practice in Obstetrics and

Gynaecology for those doctors registered on
or after the date of commencement of the
Act.

Approval of a place: sec 4
 No place shall be approved under clause (b) of
section –4
 (i) Unless the Government is satisfied that
termination of pregnancies may be done
there under safe and hygienic conditions ;
and
 (ii) Unless the following facilities are provided
therein namely :
 (a) an operation table and instrument for
performing abdominal or gynaecological
surgery
 (b) anaesthetic equipment, resuscitation
equipment and sterilisation equipment :

(2) Every application for the approval of a place


shall be in a form A and shall be addressed to

the Chief Medical Officer of the District.
 (3) On receipt of an application referred to
sub-rule (2) the chief Medical Officer of the
District shall verify any information,
contained in any such application,
 or inspect any such place with a view to
satisfy himself that the facilities referred to
in sub-rule (1) are provided therein and that
termination of pregnancies may be made
there under safe and hygienic conditions.
FORM III
Admission register
 Information required:
 Date of admission, name of patient, wife
/daughter of, age, religion, address,
 Duration of pregnancy, reason of termination,

 Date of termination, date of discharge of

patient,
 Result & remarks

 Name of registered medical practitioner by

whom opinion is made
 Name of registered medical practitioner by
whom pregnancy is terminated
 The Admission Register shall be a secret document
 the information contained there in as to the name and
other particulars of the pregnant woman shall not be
disclosed to any person.
 This can only be divulged in following circumstances:
 a) If it is asked by the Chief Surgeon.
 b) If it is asked by Magistrate of the First Class in the
case of investigation into an offence.
 c) If it is asked by the District Judge.
 d) On the application of an employed woman whose
pregnancy has been terminated, to grant a certificate
for the purpose of enabling her to obtain leave from
her employer.
 This register will start at beginning of every New Year
with a new serial number.
 e.g. 5th case 1972 or 5th case of 1973 will numbered
as 5/1972 or 5/1973.
 Thank
 you