THE MEDICAL
TERMINATION OF PREGNANCY ACT, 1971
(Act No. 34 of
1971)
(10th
August 1971)
An Act to provide for the termination of
certain pregnancies by registered Medical Practitioners and for matters
connected therewith or incidental thereto.
Be it enacted by Parliament in the
Twenty-second Year of the
1.
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
(3)
It
shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2.
Definitions - In this
Act, unless the context otherwise requires, -
(a)
�guardian� means a person having the care of
the person of a minor or a lunatic;
(b)
�lunatic� has the meaning assigned to it in
section 3 of the Indian Lunatic Act, 1912 ( 4 of
1912);
(c)
�minor� means a person who, under the
provisions of the Indian Majority Act, 1875 ( 9 of 1875), is to be deemed not to
have attained his majority;
(d)
�registered medical practitioner� means a
medical practitioner who possesses any recognized medical qualification as
defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, (102
of 1956), 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.
3. When pregnancies may be terminated by registered medical practitioners -
(1)
Notwithstanding anything contained in the
Indian Penal Code (45 of 1860), a registered medical practitioner shall not be
guilty of any offence under that Code or under any other law for the time being
in force, if any pregnancy is terminated by him in accordance with the
provisions of this Act.
(2)
Subject to the provisions of sub-section
(4), a pregnancy may be terminated by a registered medical
practitioner, -
(a)
Where the length of the pregnancy does not
exceed twelve weeks if such medical practitioner is,
or
(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
-
(i)
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
(ii) there is a
substantial risk that if the child were born, it would suffer from such physical
or mental abnormalities to be seriously handicapped.
Explanation
1 - Where 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.
Explanation
2 - 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.
(3)
In
determining whether the continuance of a pregnancy would involve such risk of
injury to the health as is mentioned in sub-section (2), account
may be taken of the pregnant women�s actual or reasonable foreseeable
environment.
(4)
(a) 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.
(b)Save as otherwise provided in clause (a),
no pregnancy shall be terminated except with the consent of the pregnant
woman.
4.
Place where pregnancy may be terminated - No termination of pregnancy shall be made in
accordance with this Act at any place other than -
(a)
a
hospital established or maintained by Government,
or
(b)
a
place for the time being approved for the purpose of this Act by
Government.
5.
Sections 3 and 4 when not to apply -
(1)
The
provisions of section 4, and so much of the provisions of sub-section (2)
of section 3 as relate to the length of the pregnancy and the opinion of not
less than two registered medical practitioners, shall not apply to the
termination of a pregnancy by a registered medical practitioner in a case where
he is of opinion, formed in good faith, that he termination of such pregnancy is
immediately necessary to save the life of the pregnant
woman.
(2)
Notwithstanding anything contained in the
Indian Penal Code (45 of 1860), the termination of a pregnancy by a person who
is not a registered medical practitioner shall be an offence punishable under
that Code, and that Code shall, to this extent, stand
modified.
Explanation - For the purposes of this section, so much of
the provisions of clause (d) of section (2) as relate to the possession,
by a registered medical practitioner, of experience or training in gynaecology
and obstetrics shall not apply.
6.
Power to make rules -
(1)
The
Central Government may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2)
In
particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely
-
(a)
the
experience or training, or both, which is registered medical practitioner shall
have if he intends to terminate any pregnancy under this Act; and
(b)
Such
other matters as are required to be or may be, provided by rules made under this
Act.
(3)
Every rule made by the Central Government
under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the rule
or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that
rule.
7.
Power to make regulations -
(1)
The State
Government may, by regulations
-
(a)
require any such opinion as is referred to in
sub-section (2) of section 3 to be certified by a registered medical
practitioner or practitioners concerned, in such form and at such time as may be
specified in such regulations, and the preservation or disposal of such
certificates ;
(b)
require any registered medical practitioner,
who terminates a pregnancy, to give intimation of such termination and such
other information relating to the termination as may be specified in such
regulations ;
(c)
prohibit the disclosure, except to such
purposes as may be specified in such regulations, of intimations given or
information furnished in pursuance of such regulations.
(2)
The
intimation given and the information furnished in pursuance of regulations made
by virtue of clause (b) of sub-section (1) shall be given or furnished, as the
case may be, to the Chief Medical Officer of the
State.
(3)
Any
person who willfully contravenes or willfully fails to comply with the
requirements of any regulation made under sub-section (1) shall be liable to be
punished with fine, which may extend to one thousand
rupees.
8.
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.