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MEDICAL TERMINATION OF PREGNANCY ACT, 1971
34 of 1971
10th August, 1971
STATEMENT OF OBJECTS AND REASONS The provisions regarding the termination of pregnancy in the Indian Penal Code which were enacted about a century ago were drawn up in keeping with the then British Law on the subject. Abortion was made a crime for which the mother as well as the abortionist could be punished except where it had to be induced in order to save the life of the mother. It has been stated that this very strict law has been observed in the breach in a very large number of cases all over the country. Furthermore, most of these mothers are married women, and are under no particular necessity to conceal their pregnancy. 2. In recent years, when health services have expanded and hospitals are availed of to the fullest extent by all classes of society, doctors have often been confronted with gravely ill or dying pregnant women whose pregnant uterus have been tampered with, a view to causing an abortion and consequently suffered very severely. 3. there is thus avoidable wastage of the mother's health, strength and, sometimes, life. The proposed measure which seeks to liberalise certain existing provisions relating to termination of pregnancy has been conceived (1) as a health measure - when there is danger to the life or risk to physical or mental health of the woman; (2) on humanitarian grounds - such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman, etc.; and (3) eugenic grounds - Where there is substantial risk that the child, if born, would suffer from deformities and diseases.-Gaz. of Ind., 17-11-1969, Pt. II, section 2, Ext., p. 880.
An Act to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Medical Termination of Pregnancy Act, 1971.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "guardian" means a person having the care of the person of a minor or a2["mentally ill person"];
(b)3"mentally ill person" means a person who is in need of treatment by reason of any mental disorder other than mental retardation;
(c) "minor" means a person who, under the provisions of the Indian Majority Act, 1875, is to be deemed not to have attained his majority;
(d) "registered medical practitioner" means 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 such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act.
SECTION 03: WHEN PREGNANCIES MAY BE TERMINATED BY REGISTERED MEDICAL PRACTITIONERS
(1) Notwithstanding anything contained in the Indian Penal Code, a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner,-
(a) where the length of the pregnancy does not exceed twelve weeks, if such medical practitioner is, or
(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioners are, of opinion, formed in good faith, that-
(i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or
(ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.
(3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonably foreseeable environment.
(4) (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 a4["mentally ill person"] , 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.
SECTION 04: PLACE WHERE PREGNANCY MAY BE TERMINATED.
5No termination of pregnancy shall be made in accordance with this Act at any place other than—
(a) a hospital established or maintained by Government, or
(b) 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.
SECTION 05: SECTIONS 3 AND 4 WHEN NOT TO APPLY
(1) The provisions of section 4-, and so much of the provisions of subsection
(2) of section. 3-as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.
6(2) Notwithstanding anything contained in the Indian Penal Code, 1860 (45 of 1860), 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 under that Code, and that Code shall, to this extent, stand modified.
6(3) 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.
6(4) 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.
Explanation 1.—For the purposes of this section, the expression "owner" in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.
Explanation 2.—For the purposes of this section, so much of the provisions of clause (d) of Section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply.
SECTION 06: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules7to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the experience or training, or both, which a registered medical practitioner shall have if he intends to terminate any pregnancy under this Act; and
(b) such other matters as are required to be or may be, provided by rules made under this Act.
(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which maybe comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or .the session immediately following, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
SECTION 07: POWER TO MAKE REGULATIONS
8- (1) The State Government may, by regulations,-
(a) require any such opinion as is referred to in sub-section (2) of Section 3-to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates;
(b) require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations;
(c) prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations.
(2) The intimation given and the information furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer of the State.
(3) Any person who wilfully contravenes or wilfully fails to comply with the requirements of any regulation made under sub-section (1) shall be liable to be punished with fine which may extend to one thousand rupees.
State Amendments
SECTION 08: PROTECTION OF ACTION TAKEN IN GOOD FAITH
- No suit or other legal proceeding shall lie against any registered medical practitioner for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
Footnotes:
1. Act came into force on 1 -4-1972-See G.S.R. 285 dt. 19-2-1972- Gaz. of Ind., 1 1-3-1972, Pt. II, section 3(i), p. 708.
2. In section 2, in clause (a) the words "lunatic" shall be substituted by Medical Termination of Pregnancy (Amendment) Act, 2002. (64 of 2002), published in the Gazette of India, Extra.. Part 11. Section 1, dated 19th December, 2002, pp. 1-2, No. 76.
3. In section 2, clause (b) shall be substituted by Medical Termination of Pregnancy (Amendment) Act, 2002. (64 of 2002), published in the Gazette of India, Extra.. Part 11. Section 1, dated 19th December, 2002, pp. 1-2, No. 76.
4. Section 3, sub section (4), in clause (a) the words "lunatic" shall be substituted by Medical Termination of Pregnancy (Amendment) Act, 2002. (64 of 2002), published in the Gazette of India, Extra.. Part 11. Section 1, dated 19th December, 2002, pp. 1-2, No. 76.
5. Section 4, shall be substituted by Medical Termination of Pregnancy (Amendment) Act, 2002. (64 of 2002), published in the Gazette of India, Extra.. Part 11. Section 1, dated 19th December, 2002, pp. 1-2, No. 76.
6. In Section 5, sub section 2,3 and 4, shall be substituted by Medical Termination of Pregnancy (Amendment) Act, 2002. (64 of 2002), published in the Gazette of India, Extra.. Part 11. Section 1, dated 19th December, 2002, pp. 1-2, No. 76.
7. For Medical Termination of Pregnancy Rules, 1972-See G.S.R. 286 dtd. 19-2-1972-Gaz. of India, 11-3-1972, Pt. II, S.3(i), p. 708.
8. For some such Regulations
MEDICAL TERMINATION OF PREGNANCY RULES, 2003
In exercise of the powers conferred by Section 6 of the Medical Termination of Pregnancy Act, 1971 (34 of 1971), the Central Government hereby makes the following rules, namely:—
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Medical Termination of Pregnancy Rules, 2003.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
—In these rules, unless the context otherwise requires,—
(a) "Act" means the Medical Termination of Pregnancy Act, 1971 (34 of 1971);
(b) "Chief Medical Officer" means the Chief Medical Officer of a District, by whatever name called;
(c) "Form" means a form appended to these rules;
(d) "owner" in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act;
(e) "Committee" means a committee constituted at the district level under the proviso to clause (b) of Section 4 read withRule 3.
RULE 03: COMPOSITION AND TENURE OF DISTRICT LEVEL COMMITTEE
(1) One member of the district level committee shall be the Gynaecologist/ Surgeon/ Anaesthetist and other members from the local medical profession, non-governmental organisations, and Panchayati Raj Institution of the district:
Provided that one of the members of the committee shall be a woman.
(2) Tenure of the committee shall be for two calendar years and the tenure of the non- government members shall not be more than two terms.
RULE 04: EXPERIENCE AND TRAINING UNDER CLAUSE (D) OF SECTION 2
—For the purpose of clause (d) of Section 2, a registered medical practitioner shall have one or more of the following experience or training in gynaecology and obstetrics, namely:—
(a) 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 of not less than three years;
(b) in the case of a medical practitioner, who is registered in a State Medical Register:—
(i) if he has completed six months of house surgency in gynaecology and obstetrics; or
(ii) unless the following facilities are provided therein, if he had experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology; or
(c) if he has assisted a registered medical practitioner in the performance of twenty- five cases of medical termination of pregnancy of which at least five have been performed independently, in a hospital established or maintained, or a training institute approved for this purpose by the Government.
(i) This training would enable the Registered Medical Practitioner (RMP) to do only 1st Trimester terminations (up to 12 weeks of gestation);
(ii) For terminations up to twenty weeks the experience or training as prescribed under sub-rules (a), (b) and (d) shall apply.
(d) in case of a medical practitioner who has been registered in a State Medical Register and who holds a postgraduate degree or diploma in gynaecology and obstetrics, the experience or training gained during the course of such degree or diploma.
RULE 05: APPROVAL OF A PLACE
(1) No place shall be approved under clause (b) of Section 4,—
(i) unless the Government is satisfied that termination of pregnancies may be done therein under safe and hygienic conditions; and
(ii) unless the following facilities are provided therein, namely:— in case of first trimester, that is, up to 12 weeks of pregnancy:— a gynecology examination/labour table, resuscitation and sterilization equipment, drugs and parental fluid, back up facilities for treatment of shock and facilities for transportation; and in case of second trimester, that is up to 20 weeks of pregnancy:—
(a) an operation table and instruments for performing abdominal or gynaecological surgery;
(b) anaesthetic equipment, resuscitation equipment and sterilization equipment;
(c) drugs and parental fluids for emergency use, notified by Government of India from time to time.
Explanation—In the case of termination of early pregnancy up to seven weeks using RU-486 with Misoprostol, the same may be prescribed by a Registered Medical Practitioner (RMP) as defined under clause (d) of Section 2 of the Act and Rule 4of MTP Rules, at his clinic, provided such a Registered Medical Practitioner has access to a place approved under Section 4 of the MTP Act, 1971 read with MTP Amendment Act, 2002 and Rules 5of the MTP Rules. For the purpose of access, the RMP should display a certificate to this effect from the owner of the approved place.
(2) Every application for the approval of a place shall be in Form A and shall be addressed to the Chief Medical Officer of the District.
(3) On receipt of an application under sub-rule (2), the Chief Medical Officer of the District may verify any information contained, in any such application or inspect any such place with a view to satisfying himself that the facilities referred to in subrule(l) are provided, and that termination of pregnancies may be made under safe and hygienic conditions.
(4) Every owner of the place which is inspected by the Chief Medical Officer of the District shall afford all reasonable facilities for the inspection of the place.
(5) The Chief Medical Officer of the District may, if he is satisfied after such verification, enquiry or inspection, as may be considered necessary, that termination of pregnancies may be done under safe and hygienic conditions, at the place, recommend the approval of such place to the committee.
(6) The committee may after considering the application and the recommendations of the Chief Medical Officer of the District approve such place and issue a certificate of approval in Form B.
(7) The certificate of approval issued by the committee shall be conspicuously displaced at the place to be easily visible to persons visiting the place.
(8) The place shall be inspected within 2 months of receiving the application and certificate of approval may be issued within the next 2 months, or in case any deficiency has been noted, within 2 months of the deficiency having been rectified by the applicant.
(9) On the commencement of these rules, a place approved in accordance with the Medical Termination of Pregnancy Rules, 1975 shall be deemed to have been approved under these rules.
RULE 06: INSPECTION OF A PLACE
(1) A place approved underRule 5may be inspected by the Chief Medical Officer of the District, as often as may be necessary with a view to verify whether termination of pregnancies is being done therein under safe and hygienic conditions.
(2) If the Chief Medical Officer has reason to believe that there has been death of, or injury to, a pregnant woman at the place or that termination of pregnancies is not being done at the place under safe and hygienic conditions, he may call for any information or may seize any article, medicine, ampoule, admission register or other document, maintained, kept or found at the place.
(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to seizure, so far as it may, apply to seizure made under sub-rule (2).
RULE 07: CANCELLATION OR SUSPENSION OF CERTIFICATE OF APPROVAL
(1) If, after inspection of any place approved underRule 5, the Chief Medical Officer of the District is satisfied that the facilities specified inRule 5are not being properly maintained therein and the termination of pregnancy at such place cannot be made under safe and hygienic conditions, he shall make a report of the fact to the committee giving the detail of the deficiencies or defects found at the place and the committee may, if it is satisfied, suspend or cancel the approval provided that the committee shall give an opportunity of making representation to the owner of the place before the certificate issued underRule 5is cancelled.
(2) Where a certificate issued underRule 5is cancelled, the owner of the place may make such additions or improvements in the place and thereafter, he may make an application to the committee for grant of approval underRule 5.
(3) In the event of suspension of a certificate, or approval, the place shall not be deemed to be an approved place during the suspension for the purposes of termination of pregnancy from the date of communication of the order of such suspension.
RULE 08: REVIEW
(1) The owner of a place, who is aggrieved by an order made underRule 7, may make an application for review of the order to the Government within a period of sixty days from the date of such order :
Provided that the Government may condone any delay in case it is satisfied that applicant was prevented by sufficient cause to make application within time.
(2) The Government may, after giving the owner an opportunity of being heard, confirm, modify or reverse the order.
RULE 09: FORM OF CONSENT
—The consent referred to in sub-section (4) of Section 3 shall be given in Form C.
RULE 10: Repeal and saving
—The Medical Termination of Pregnancy Rules, 1975, are hereby repealed except as respects things done or omitted to be done before such repeal.
MEDICAL TERMINATION OF PREGNANCY RULES, 1975
G.S.R. 2543, dated the 10th October, 1975.-In exercise of the powers conferred by
Sec. 6 of the Medical Termination of Pregnancy Act, 1971 (34 of 1971), the Government hereby makes the following rules, namely:
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These rules may be called theMedical Termination of Pregnancy Rules, 1975-.
(2) They shall come into force on the date of their publication in the Official Gazette.
RULE 02: DEFINITIONS
- In these rules, unless the context otherwise requires, -
(a) "Act" means theMedical Termination of Pregnancy Act, 1971 (34 of 1971)-;
(b) "Chief Medical Officer of the District" means the Chief Medical Officer of a District, by whatever name called;
(c) "form" means a form appended to these rules;
(d) "owner" in relation to a place, means any person who is the administrative head or otherwise responsible for the working or maintenance of such hospital or clinic, by whatever name called;
(e) "place" means such building, tent, vehicle or vessel, or part thereof as used for the establishment or maintenance therein of a hospital or dinic which is used, or intended to be used, for the termination of any pregnancy;
(f) "section" means a section of the Act.
RULE 03: EXPERIENCE OR TRAINING, ETC
- For the purpose of Cl.(d) ofSec.2-, a registered medical practitioner shall have one or more of the following experience or training in gynaecology and obstetrics, namely:
(a) 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 of not less than three years;
(b) in the case of a medical practitioner who was registered in a State Medical Register on or after the date of the commencement, (i) if he has completed six months of house surgency in gynaecology and obstetrics; or
(ii) where he has not done any such house surgency if he had experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology; or
(iii) if be has assisted a registered medical practitioner in the performance of twenty-five cases of medical termination of pregnancy in a hospitalestablished or maintained, or a training institute approved for this purpose, by the Government;
(c) in the case of a medical practitioner who has been registered in a State Medical Register and who holds a post-graduate degree or diploma in gynaecology and obstetrics, the experience or training gained during the course of such degree or diploma.
RULE 04: APPROVAL OF A PLACE
(1)No place shall be approved under Cl. (b) ofSec. (i) unless the Government is satisfied that termination of pregnancy may be done therein under safe and hygienic conditions; and
(ii) unless the following facilities are provided therein, namely:
(a) an operation table and instruments for performing abdominal or gynaecological surgery;
(b) anaesthetic equipment, resuscitation equipment and sterilization equipment;
(c) drugs and parenteral fluids for emergency use.
(2) Every application for the approval of a place shall be in Form A and shall be addressed to the Chief Medical Officer of the District.
(3) On receipt of an application referred to in sub-rule (2), the Chief Medical Officer of the District shall verify or enquire 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) or provided therein, and that termination of pregnancies may be made therein under safe and hygienic conditions.
(4) Every owner of the place which is inspected by the Chief Medical Officer of the District shall afford all reasonable facilities tor the inspection of the place.
(5) The Chief Medical Officer of the District may, if he is satisfied after such verification, enquiry or inspection, as may be considered necessary, that termination of pregnancies may he done under safe and hygienic conditions, at the place recommend, the approval of such place to the Government.
(6) The Government may after considering the application and the recommendation of the Chief Medicali Officer of the District approve such place and issue a certificate of approval in Form B.
(7) The certificate of approval issued by the Government shall be conspicuously displayed at the place to be easily visible to persons visiting the place.
RULE 05: INSPECTION OF A PLACE
-2[* * *] A place approved underrule 4-may be inspected by the Chief Medical Officer of the District, as often as may be necessary with view to verify whether termination of pregnancies is being done therein under safe hygienic conditions.
RULE 06: CANCELLATION OR SUSPENSION OF CERTIFICATE OF APPROVAL
(1) If, after inspection of any place approved underrule 4-, the Chief Medical Officer of the District is satisfied that the facilities specified inrule 4-are not being properly maintained therein and the termination of pregnancy at such place cannot be made under safe and hygienic conditions, he shall make a report of the fact to the Government giving the detail of the deficiencies or defects found at the place. On receipt of such report the Government may, after giving the owner of the place a reasonable opportunity of being heard, either cancel the certificate of approval or suspend the same ior such period as it may think fit.
(2) Where a certificate issued underrule 4-is cancelled or suspended, the owner of the place may make such additions or improvements in the place as he may think fit and thereafter, he may make an application to the Government for the issue to him of a fresh certificate of approval underrule 4-or, as the case may be, for the revival of the certificate which was suspended under sub-rule (1).
(3) The provisions- ofrule 4-shall, as far as may, apply to an application for the issue of a fresh certificate of approval in relation to a place, or as the case may be, for the revival of a suspended certificate as they apply to an application for the issue of a certificate of approval under that rule.
(4) In the event of suspension of a certificate, of approval, the place s
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