THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971

PREAMBLE

What is the subject matter of the Medical Termination of Pregnancy Act, 1971?

Termination of certain pregnancies by registered medical practitioners and matters connected therewith or incidental thereto.

What is the Act number of the Medical Termination of Pregnancy Act, 1971?

Act No. 34 of 1971.

On which date was the Medical Termination of Pregnancy Act, 1971 enacted?

10th August, 1971.

What is the purpose of the Medical Termination of Pregnancy Act, 1971?

To provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto.

By whom was the Medical Termination of Pregnancy Act, 1971 enacted?

By Parliament.

In which year of the Republic of India was the Medical Termination of Pregnancy Act, 1971 enacted?

In the Twenty-second Year of the Republic of India.

What is the subject matter of Section 1 of the Medical Termination of Pregnancy Act, 1971?

Short title, extent and commencement.

What is the short title of the Act under Section 1(1)?

The Medical Termination of Pregnancy Act, 1971.

To what extent does the Act apply under Section 1(2)?

It extends to the whole of India.

How does the Act come into force under Section 1(3)?

On such date (1st April, 1972) as the Central Government may, by notification in the Official Gazette, appoint.

What is the subject matter of Section 2 of the Medical Termination of Pregnancy Act, 1971?

Definitions.

What does the term “guardian” mean under Section 2(a)?

A person having the care of the person of a minor or a mentally ill person.

Who can be a guardian under Section 2(a)?

A person having the care of the person of a minor or a mentally ill person.

What does the term “mentally ill person” mean under Section 2(b)?

A person who is in need of treatment by reason of any mental disorder other than mental retardation.

What does the term “minor” mean under Section 2(c)?

A person who, under the provisions of the Indian Majority Act, 1875, is to be deemed not to have attained his majority.

What does the term “registered medical practitioner” mean under Section 2(d)?

A medical practitioner possessing a recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, whose name is entered in a State Medical Register and who has such experience or training in gynaecology and obstetrics as may be prescribed.

What qualifications must a registered medical practitioner possess under Section 2(d)?

A recognised medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956.

What registration requirement is necessary for a registered medical practitioner under Section 2(d)?

His name must be entered in a State Medical Register.

What additional requirement relating to experience or training is needed for a registered medical practitioner under Section 2(d)?

Such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

What is the subject matter of Section 3 of the Medical Termination of Pregnancy Act, 1971?

When pregnancies may be terminated by registered medical practitioners.

What is the effect of Section 3(1) notwithstanding the Bhartiya Nyay Sanhita?

A registered medical practitioner shall not be guilty of any offence if pregnancy is terminated in accordance with this Act.

Under which laws is protection granted to a registered medical practitioner under Section 3(1)?

Under the Bhartiya Nyay Sanhita or any other law for the time being in force.

What is the condition for immunity under Section 3(1)?

The pregnancy must be terminated in accordance with the provisions of this Act.

Under Section 3(2), by whom may a pregnancy be terminated?

By a registered medical practitioner.

What is the maximum gestation period for termination by one registered medical practitioner under Section 3(2)(a)?

Where the length of pregnancy does not exceed twelve weeks.

What is required for termination when pregnancy exceeds twelve weeks but does not exceed twenty weeks under Section 3(2)(b)?

Opinion of not less than two registered medical practitioners.

What must be the nature of opinion under Section 3(2)?

Opinion formed in good faith.

What risk condition justifies termination under Section 3(2)(i)?

Risk to the life of the pregnant woman or grave injury to her physical or mental health.

What fetal condition justifies termination under Section 3(2)(ii)?

Substantial risk that the child would suffer from serious physical or mental abnormalities.

What presumption arises in case of pregnancy caused by rape under Explanation I to Section 3?

Anguish shall be presumed to constitute grave injury to mental health of the pregnant woman.

What presumption applies in case of failure of contraceptive device under Explanation II to Section 3?

Anguish caused by unwanted pregnancy may be presumed to constitute grave injury to mental health.

To whom does Explanation II to Section 3 apply?

Any married woman or her husband using any device or method for limiting children.

What factors may be considered under Section 3(3) while determining risk?

The pregnant woman’s actual or reasonably foreseeable environment.

What consent is required for termination of pregnancy of a minor under Section 3(4)(a)?

Consent in writing of her guardian.

What consent is required for termination of pregnancy of a mentally ill person under Section 3(4)(a)?

Consent in writing of her guardian.

What consent is required for termination of pregnancy of an adult woman under Section 3(4)(b)?

Consent of the pregnant woman.

What is the general rule of consent under Section 3(4)(b)?

No pregnancy shall be terminated except with the consent of the pregnant woman.

What is the subject matter of Section 4 of the Medical Termination of Pregnancy Act, 1971?

Place where pregnancy may be terminated.

Where can termination of pregnancy be lawfully carried out under Section 4?

Only at places specified under this section.

Can termination of pregnancy be carried out at any place under Section 4?

No, it shall not be made at any place other than those specified.

What is the first category of place where termination is permitted under Section 4(a)?

A hospital established or maintained by Government.

What is the second category of place where termination is permitted under Section 4(b)?

A place approved for the purpose of this Act by Government or a District Level Committee.

Who can approve a place for termination under Section 4(b)?

The Government or a District Level Committee constituted by that Government.

Who chairs the District Level Committee under Section 4(b)?

The Chief Medical Officer or District Health Officer.

What is the minimum number of members in the District Level Committee under the proviso to Section 4?

Not less than three members.

What is the maximum number of members in the District Level Committee under the proviso to Section 4?

Not more than five members.

Who specifies the composition of the District Level Committee under the proviso to Section 4?

The Government.

What must the District Level Committee include under the proviso to Section 4?

The Chairperson.

What is the subject matter of Section 5 of the Medical Termination of Pregnancy Act, 1971?

Sections 3 and 4 when not to apply.

When do the provisions of Section 4 not apply under Section 5(1)?

When termination is immediately necessary to save the life of the pregnant woman.

Which part of Section 3(2) does not apply under Section 5(1)?

Provisions relating to the length of pregnancy and opinion of not less than two registered medical practitioners.

Who must form the opinion under Section 5(1)?

A registered medical practitioner.

What must be the nature of opinion under Section 5(1)?

Opinion formed in good faith.

What is the condition for applying Section 5(1)?

Termination is immediately necessary to save the life of the pregnant woman.

What is the effect of Section 5(2) notwithstanding the Bhartiya Nyay Sanhita?

Termination by a person who is not a registered medical practitioner is an offence.

What is the punishment for termination by an unregistered person under Section 5(2)?

Rigorous imprisonment not less than two years but may extend to seven years.

Which law governs the punishment under Section 5(2)?

The Bhartiya Nyay Sanhita, to the extent modified.

What is the offence under Section 5(3)?

Terminating pregnancy at a place other than mentioned in Section 4.

What is the punishment under Section 5(3)?

Rigorous imprisonment not less than two years but may extend to seven years.

Who is liable under Section 5(4)?

Owner of a place not approved under clause (b) of Section 4.

What is the punishment under Section 5(4)?

Rigorous imprisonment not less than two years but may extend to seven years.

What does the term “owner” mean under Explanation 1 to Section 5?

A person who is the administrative head or otherwise responsible for working or maintenance of a hospital or place where pregnancy may be terminated.

To what places does the definition of “owner” apply under Explanation 1 to Section 5?

Any hospital or place, by whatever name called, where pregnancy may be terminated under this Act.

What does Explanation 2 to Section 5 of the Medical Termination of Pregnancy Act, 1971 provide?

It provides that certain requirements under section 2(d) shall not apply for the purposes of this section.

Which part of Section 2(d) is excluded under Explanation 2 to Section 5?

The requirement relating to possession of experience or training in gynaecology and obstetrics.

To whom does the exclusion under Explanation 2 to Section 5 apply?

To a registered medical practitioner.

For what purpose is the exclusion under Explanation 2 to Section 5 applicable?

For the purposes of Section 5.

What is the effect of Explanation 2 to Section 5 on qualifications of a registered medical practitioner?

Requirement of experience or training in gynaecology and obstetrics shall not apply.

What is the subject matter of Section 6 of the Medical Termination of Pregnancy Act, 1971?

Power to make rules.

Who has the power to make rules under Section 6(1)?

The Central Government.

How are rules made under Section 6(1)?

By notification in the Official Gazette.

For what purpose can rules be made under Section 6(1)?

To carry out the provisions of this Act.

What is the nature of rule-making power under Section 6(2)?

It is illustrative and without prejudice to the generality of the power.

What matters may rules provide for under Section 6(2)(a)?

The experience or training, or both, required for a registered medical practitioner to terminate pregnancy.

What additional matters may rules cover under Section 6(2)(b)?

Such other matters as are required to be or may be provided by rules under this Act.

What is the requirement after rules are made under Section 6(3)?

They shall be laid before each House of Parliament.

When must rules be laid before Parliament under Section 6(3)?

As soon as may be after they are made.

For how long must rules be laid before Parliament under Section 6(3)?

For a total period of thirty days.

Can the thirty-day period under Section 6(3) span multiple sessions?

Yes, it may be comprised in one session or in two successive sessions.

What happens if both Houses agree to modify a rule under Section 6(3)?

The rule shall have effect only in such modified form.

What happens if both Houses agree that a rule should not be made under Section 6(3)?

The rule shall be of no effect.

By when must Parliament take action under Section 6(3)?

Before the expiry of the session in which it is laid or the session immediately following.

What is the effect of modification or annulment under Section 6(3) on prior actions?

It shall be without prejudice to the validity of anything previously done under that rule.

What is the subject matter of Section 7 of the Medical Termination of Pregnancy Act, 1971?

Power to make regulations.

Who has the power to make regulations under Section 7(1)?

The State Government.

In what manner can the State Government make regulations under Section 7(1)?

By regulations.

What may regulations require under Section 7(1)(a)?

Certification of opinions referred to in section 3(2) by registered medical practitioner(s) in specified form and time and their preservation or disposal.

Which opinions are referred to in Section 7(1)(a)?

Opinions under sub-section (2) of section 3.

What may regulations require under Section 7(1)(b)?

Intimation of termination and other specified information by the registered medical practitioner.

Who is required to give intimation under Section 7(1)(b)?

A registered medical practitioner who terminates a pregnancy.

What may regulations prohibit under Section 7(1)(c)?

Disclosure of intimations or information except to specified persons and for specified purposes.

To whom must information be furnished under Section 7(2)?

The Chief Medical Officer of the State.

What does Section 7(2) mandate regarding intimations and information?

They shall be given or furnished to the Chief Medical Officer of the State.

What is the requirement under Section 7(2A) regarding regulations?

They shall be laid before the State Legislature.

When must regulations be laid before the State Legislature under Section 7(2A)?

As soon as may be after they are made.

What is the penalty for contravention under Section 7(3)?

Fine which may extend to one thousand rupees.

Who is liable under Section 7(3)?

Any person who wilfully contravenes or fails to comply with regulations.

What is the nature of default required for punishment under Section 7(3)?

Wilful contravention or wilful failure to comply.

What is the subject matter of Section 8 of the Medical Termination of Pregnancy Act, 1971?

Protection of action taken in good faith.

Against whom is protection granted under Section 8?

A registered medical practitioner.

What kind of legal actions are barred under Section 8?

No suit or other legal proceeding shall lie.

For what kind of acts is protection granted under Section 8?

For anything done or intended to be done under this Act in good faith.

What type of damage is covered under Section 8?

Damage caused or likely to be caused.

What is the essential condition for protection under Section 8?

The act must be done or intended to be done in good faith under this Act.