Unit-5 Jurisprudence MEDICAL TERMINATION OF PREGNANCY’S ACT 1971 (MTP ACT)

 

Introduction: 

Termination of unwanted pregnancies was illegal in India before 1970. Unwanted pregnancies included the pregnancy caused due to rape or due to failure of contraceptives to prevent pregnancies by married couple or for any other reasons which was causing a lot of Mental or Physical problems to such pregnant women. In such cases pregnant women used to get their pregnancies terminated illegally by Quack doctors, Nurses or Midwives leading to the danger of life or a lot of physical injuries. In order to prevent such unhealthy practices, ‘Medical Termination of Pregnancy’s Act’ (MTP Act) was implemented in the year 1971 by the Govt. of India which extends to the whole of country.

The main objectives of this Act are:

1). To allow certain types of unwanted pregnancies to be terminated legally.

2). To reduce mortality rate of such pregnant women.

3). To encourage family planning and decrease population growth and

4). To safeguard the mental and physical health of such women.

 Definitions:

 1. Minor: Means a person who, under the provisions of ‘Indian Majority Act 1875’ has not completed 18 years of age. 

2. Lunatic : Is a person who is mentally ill as defined under section 3 of Indian Lunacy Act 1912 ( However the terms Lunatic, or mentally ill or idiot are considered as offensive now a days and the Indian Lunatic Act 1912 itself has been deleted now, ‘The Indian Mental Health Act’ has been implemented in 1987 in which such persons should be defined only as ‘Mentally Challenged’ who are mentally disturbed, who behaves abnormally or foolishly which may be due to any psychiatric disorders) (Give Example of NIMHANS, Bangalore for the treatment of such Mental Disorders).

 3. Guardian: Means a person who is taking care of Mentally Challenged persons (like Mother, Father, Brother, Sister or any relatives).

 4. Registered Medical Practitioner : (R.M.P) is a person who possess any recognized, authorized and approved qualification in medicine as defined under Indian Medical Council Act of 1956, and who has registered himself in the state Medical Council with sufficient training and experience in Gynecology and carrying out an abortion.

 5. Approved Place: is an approved and Registered Govt. Hospital or a Private Hospital or a Nursing Home or a Maternity Hospital where Pregnancies can be terminated as defined under MTP Act.

 Types (Circumstances) Under which a Pregnancy can be terminated

Under the following circumstances and under the following types, a pregnancy can be terminated in an ‘Approved Place’

1). If the pregnancy has taken place due to rape or due to failure of contraceptives used for family planning or for any other personal reasons, the following types of pregnancies can be terminated

2). If the term of such pregnancy has not completed 12 weeks and if in the opinion of R.M.P., the continuation of such pregnancy is likely to cause.

    a) Mental or Physical disability to the child being born.

    b) Serious mental or physical disorder to the pregnant mother.

    c) Danger to the life of pregnant mother and accordingly may be terminated by an R.M.P.

3). If the term of pregnancy has not completed 20 weeks (Now 24 weeks as amended in 2020) and if in the opinion of at least two R.M.P’s the continuation of such a pregnancy is likely to cause any of the above problems mentioned under point No. 02, such pregnancies can be terminated by an R.M.P. in an ‘Approved Place’.

4). If the term of pregnancy has already completed 20 weeks ( Now 24 weeks as amended in 2020 under MTP Act) and if in the opinion of at least Two R.M.P.’s the continuation of such a pregnancy is likely to cause danger to the life of the pregnant mother, such pregnancies can be terminated by an RMP only after obtaining the permission from a court of Law in an ‘Approved Place’.

5).Written consent of the pregnant woman is enough for the termination of any of the above types of pregnancies if she is an unmarried woman.

6). Written consent of both pregnant woman and her Husband is required for the termination of pregnancy in case of married woman.

7). Written consent of parents or Guardians is required if the pregnancy is to be terminated of a ‘Minor’ or a Lunatic’

8). As mentioned above, any type of pregnancy to be terminated or aborted should be carried out only in an ‘Approved Place’

9). Pregnancy of any duration can be terminated by an R.M.P. in case of emergencies to save the life of a pregnant woman without waiting for permissions from any one.

Conditions to be followed by ‘Approved Places of Hospitals, Nursing Homes Etc.’: for the termination of Pregnancy :

The following conditions and requirements have to be fulfilled by the “Approved Places” for the termination of pregnancies in woman.

1). It should be a ‘Registered’ Govt. Hospital or a private Hospital or a Nursing Home or a Maternity Hospital and should have been approved by the State Govt. (State Health Department) for the termination of Pregnancies.

2).It should have the services of approved and Registered Medical Practioners as defined under MTP Act.

3). Registration Certificate and approval certificates should be prominently displayed in the Hospital.

4). A ‘Record’ or ‘Admission Register’ should be maintained of all types of pregnancies terminated in that ‘Approved Place’ in which the following information should be entered and maintained confidentially.

      a) Name, age and full Address of the pregnant woman.

      b) Name and Address of the Husband in case of married woman.

      c) Name and Address of the ‘Parents’ or ‘Guardians’ if the pregnant woman is a ‘Minor’ or a                 ‘Lunatic’

      d) Consent letters obtained from the pregnant woman or Husband or parents or Guardians.

      e) Any other information as required by State Health Dept.

5). Confidentiality of the above information should be kept secret and disclosed only if necessary in a court of law.

6). The following facilities should be provided in the ‘Approved Place’

        a) An operation Theatre (OT) with an operation Table and surgical Instruments required for performing abdominal surgery.

        b) Anesthetic equipments and reagents required for giving Anesthesia

        c) Resuscitation equipment and sterilization equipment.

        d) Emergency Drugs and transfusional fluids.

7). Chief Medical officer or any other Authorized Govt. Medical officers should be allowed to inspect the ‘Approved Place’ to satisfy themselves that such places are maintained cleanly, Hygienically and that such places are following all the conditions of Approval.

8). Approvals may be withdrawn or suspended if the chief Medical officer has the valid reasons to believe that such places are not following the conditions of Approval.

Offences and Penalties:

1). If the termination of a pregnancy has been carried out by a person other than an R.M.P. such persons are liable to be fined up to Rs. 1000/ as per MTP Act of 1971 including the same type of fine for carrying out termination of pregnancy in a ‘Non Approved Place’

2). However as per the amendment to MTP Act in 2002, the punishment for such type of offences mentioned above is imprisonment of 2 to 7 years depending on the seriousness of offence.

3). An R.M.P shall not be held responsible if he has carried out the termination of pregnancy in an Approved Place in good faith to save the life of a pregnant woman but fails to do so.