MTP Act

MTP Act: It is an Act to provide for the termination of certain pregnancies by registered Medical Practitioners.

: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.

:Definitions: - In this Act, unless the context otherwise requires -

1) “guardian” means a person having the care of the person of a minor or a lunatic
2) “minor” means a person who, under the provisions of the Indian Majority Act, is to be deemed not to have attained his majority
3) “registered medical practitioner” means a medical practitioner who possesses any recognized medical qualification, 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.

:When pregnancies may be terminated by registered medical practitioners:

- Pregnancy may be terminated by a registered medical practitioner -
(a) Where the length of the pregnancy does not exceed twelve weeks, if one registered medical practitioner agrees.
(b) Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioner are of opinion, formed in good faith that
1) 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
2) There is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities to be seriously handicapped.(Genetic Grounds)
3) Any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman(Social Grounds)
4) Where any pregnancy occurs as a result of failure of any device or method used by any married woman or her husband for the purpose of limiting the number of children, the anguish caused by such unwanted pregnancy may be resumed to constitute a grave injury to the mental health of the pregnant woman.
5) The continuance of a pregnancy would involve such risk of injury to the health of mother, account may be taken of the pregnant women’s actual or reasonable foreseeable environment.
6) 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.
7) No pregnancy shall be terminated except with the consent of the pregnant woman.

Place where pregnancy may be terminated:
....No termination of pregnancy shall be made in accordance with this Act at any place other than
1) a hospital established or maintained by Government
2) a place for the time being approved for the purpose of this Act by Government

Protection of action taken in good faith:

No suit or legal proceedings 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.