By : Yogesh Kumar

8/14/2019 By : Yogesh Kumar

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Mtp

act

By : Yogesh Kumar(23)


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Medical termination of pregnancy act(1971)

An Act to provide for the termination ofcertain pregnancies by registered MedicalPractitioners and for matters connectedtherewith or incidental thereto.

The MTP Act lays down the condition underwhich a pregnancy can be terminated, thepersons and the place to perform it.

It was passed on 10th aug, 1971.

It extends to the whole of India except Jammuand Kashmir.


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Definitions

(a) guardian means a person having thecare of a minor or a lunatic;

(b) lunatic has the meaning assigned to it insection 3 of the Indian Lunatic Act, 1912 ( 4of 1912);

(c) minor means a person who, under theprovisions of the Indian Majority Act, 1875

( 9 of 1875), is to be deemed not to haveattained his majority;


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(d) registered medical practitioner means a

medical practitioner who possesses anyrecognized medical qualification as definedin clause (h) of section 2 of the IndianMedical Council Act, 1956, (102 of 1956),

whose name has been entered in a StateMedical Register and

who has such experience or training ingynecology and obstetrics as may beprescribed by rules made under this Act.


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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 seriousmedical 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.


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(ii) Where the continuation of

pregnancy could lead to substantialrisk to the newborn, leading to seriousphysical / mental handicaps exampleslike Chromosomal abnormalities.

Rubella (German measles) viralinfection to mother in first threemonths.

If previous children have congenitalabnormalities.

Rh iso-immunisation.

Exposure of the foetus to irradiation.


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(iii) Pregnancy resulting of rape.

(iv) Conditions where the socio-economic status of the mother(family) hinders the progress of ahealthy 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 ofthe Indian Law. All the pregnanciescan be terminated using this criterion.


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pregnancies not exceeding 12 weeks-may be terminated based on a singleopinion of registered medical

practitionerWhenever the pregnancy exceeds 12

weeks but is below 20 weeks - opinionof two registered medical practitioners

is necessary


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Consent: sec 2(4) If married--- her own written consent.

Husbands consent not required. If unmarried and above 18years ---her own

written consent.

If below 18 years ---written consent of herguardian. If mentally unstable --- written consent of her

guardian.

A consent assures the clinician performing theabortion that she:Has been informed of all her options.Has been counselled about the procedure,its risks and how to care for herself after shechosen the abortion of her own free will.


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Physicians qualified to do MTP: sec 2clause (d)

Any qualified registered medicalpractitioner who has assisted in 25MTPs.

A house surgeon who has done sixmonths post in Obstetrics andGynaecology.

A person who has a diploma /degree inObstetrics and Gynaecology.


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3 years of practice in Obstetrics andGynaecology for those doctors registeredbefore the 1971 MTP Act was passed.

1 year of practice in Obstetrics andGynaecology for those doctors registered onor after the date of commencement of theAct.


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Approval of a place: sec 4

No place shall be approved under clause (b) ofsection 4

(i) Unless the Government is satisfied thattermination of pregnancies may be done

there under safe and hygienic conditions ;and

(ii) Unless the following facilities are providedtherein namely :

(a) an operation table and instrument forperforming abdominal or gynaecologicalsurgery

(b) anaesthetic equipment, resuscitation

equipment and sterilisation equipment :


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(2) Every application for the approval of a placeshall be in a form A and shall be addressed tothe Chief Medical Officer of the District.

(3) On receipt of an application referred to

sub-rule (2) the chief Medical Officer of theDistrict shall verify any information,contained in any such application,

or inspect any such place with a view to

satisfy himself that the facilities referred toin sub-rule (1) are provided therein and thattermination of pregnancies may be madethere under safe and hygienic conditions.


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FORM IIIAdmission 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 ofpatient,

Result & remarks

Name of registered medical practitioner bywhom opinion is made

Name of registered medical practitioner bywhom pregnancy is terminated


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The Admission Register shall be a secret document

the information contained there in as to the name andother particulars of the pregnant woman shall not bedisclosed 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 certificatefor the purpose of enabling her to obtain leave fromher employer.

This register will start at beginning of every New Yearwith a new serial number.

e.g. 5th case 1972 or 5th case of 1973 will numberedas 5/1972 or 5/1973.


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Thank you

Documents

By : Yogesh Kumar