Mtp a ct 1971

Medical Termination of Pregnancy (MTP) Act,1971Rules 1976Amendment 2002

Dr. Yogesh V. UshirPharmaceutical Jurisprudence

SMBTIODP, Nandi Hill

Reasons for AbortionUnwanted sex Desire for son Sexual violenceUnwanted pregnancy

Sex determination

Abortion



MTP Act: Objectives

MTP Act Aims to improve the maternal health scenario by

preventing large number of unsafe abortions and consequent high incidence of maternal mortality & morbidity

Legalizes abortion servicesPromotes access to safe abortion services to

womenOffers protection to medical practitioners who

otherwise would be penalized under the Indian Penal Code (sections 315-316)


Legal framework

• MTP Act – lays down when & where pregnancies can be

terminated– Grants the central govt. power to make rules and the

state govt. power to frame regulations• MTP Rules

– lays down who can terminate the pregnancy, training requirements, approval process for place, etc.

• MTP Regulations– lays down forms for opinion, maintenance of records– custody of forms and reporting of cases


Definition•Guardian- a person having a care of a

minor or a lunatic

•Minor- a person who, under the provisions of the Indian Majority Act 1875, is to be deemed not to have attained his majority

•RMP-????


Definition (Continue…)

• RMP- A M.P. who possesses any recognized medical qualification as defined in Clause (h) of Section 2 of the IMC Act 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.

• Place- It is a building tent, vehicle or vessel or part there of is used for the establishment or maintenance there in of a hospital or clinic which is used or intended to be used for the termination of any pregnancy


Legal abortions

Abortions are termed legal only when all the following conditions are met:▫Termination done by a medical practitioner

approved by the Act▫Termination done at a place approved under the

Act▫Termination done for conditions and within the

gestation prescribed by the Act▫Other requirements of the rules & regulations are

complied with Act


Circumstances under which the pregnancies may be terminated by RMP•RMP shall not be guilty of offence under law•Up to 20 weeks gestation•With the consent of the women. If the women is

below 18 years or is mentally ill, then with consent of a guardian

•With the opinion of a RMP, formed in good faith, under certain circumstances

•Opinion of two RMPs required for termination of pregnancy between 12 and 20 weeks


Circumstances under which the pregnancies may be terminated by RMP (Continue…)

Continuation of pregnancy constitutes risk to the life or grave injury to the physical or mental health of woman

Substantial risk of physical or mental abnormalities in the fetus as to render it seriously handicapped

Pregnancy caused by rape (presumed grave injury to mental health)

Contraceptive failure in married couple (presumed grave injury to mental health)


Experience or training•The Rule 1976 prescribes….

▫A MP registered in a state medical register immediately before the commencement of the Act, should have not less than 3 years experience in the practice of gynecology and obstetrics

▫In case of RMP who holds a PG degree or diploma in gynaecology and obstetrics, the experience or training gained during the course of such degree or diploma is considered


Experience or training (Continue…)

▫A MP, registered in a state medical register on or after the date of the commencement, can terminate the pregnancy If he completed 6 months of house surgency in gynaecology and obstetrics

If he has experience at any hospital for a period of not less than one year in the practice of obstetrics and gynaecology

If he has assisted a RMP in 25 cases of medical termination of pregnancy


MTP Act: Place for conducting MTP

A hospital established or maintained by

Government

or

A place approved for the purpose of this Act by

a District-level Committee constituted by the

government with the CMHO as Chairperson


Place approved for termination of pregnancies•Only if

▫The Govt is satisfied that the termination of pregnancies may be done there in under safe and hygienic condition

▫The following facilities are provided: Operation table Anesthetic equipment Sterilization equipment Drugs & parenteral fluids for emergency use


Inspection of place•CMO of district


Offences and penaltiesOffence Penalty • Termination of pregnancy

by person, who is not RMP

• Any person who willfully contravenes or willfully fails to comply with the requirements of any regulations made by state Govt

• Punishable under Indian Penal Code

• Punishable with fine upto 1000 rupees

• No suit or other legal proceedings shall lie against any RMP 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


Thank You….


Education

Mtp a ct 1971