Write a short note on MTP Act

Subhajit Chanda
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MTP Act, 1971

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Introductions:

The Medical Termination of Pregnancy (MTP) Act, 1971, provides an overview of the legislation governing the termination of pregnancies in India. Enacted in 1971 and amended in 2002, the act aims to ensure safe and legal abortions.


Thumbnain of MTP Act India 1971

Objectives:

  1. The primary objective of the MTP Act is to provide a legal framework for the termination of pregnancies in a safe and medically supervised manner.
  2. Protecting Women's Health and Rights.
  3. The MTP Act aims to prevent sex-selective abortions and discourage the practice of female foeticide.
  4. Promoting Access to Reproductive Healthcare.
  5. Maintaining Confidentiality and Privacy.
  6. The act recognizes a woman's right to make decisions about her own reproductive health and respects her autonomy and choice in matters related to pregnancy termination.

Legal Abortion:

  • Termination is performed by the medical practitioners(assisted in at least 25 MTP & degree in OBG) by the act.
  • Termination is done at the place approved under the act.
  • Termination is done for condition & within the gestation week prescribed by the act.
  • The abortion has to be reported to the director of the health service of the state.

When pregnancy can be terminated?

  • Continuation of pregnancy is a risk to the life of a pregnant woman or it can cause grave injury to her physical and mental health.
  • A substantial risk is that the child if born, would be seriously handicapped due to physical or mental abnormalities.
  • Pregnancy caused by rape.
  • Failure of contraceptives in married women.

Who can terminate the pregnancy?

➦Experience minimum 3yr who is registered in state medical register
6 months of house surgeon-ship in gynaecology or experience of working in the department of gynaecology –1yr
A Practitioner who has assisted RMP in 25 cases of Medical termination of pregnancies, at least 5 of which have been performed independently in a hospital established or maintained by the Government or a training institute approved for this purpose by the Government.

Required by a RMP (Registered Medical Practitioner)

➨Up to 20 wks PG Degree or Diploma in OBG

➨Completed 6 months as House Surgeon in OBG

➨At least one yr experience in dept of OBG at any hospital that has all facilities.

Where pregnancy can be terminated? - PLACE

  1. Hospitals established or maintained by the Government
  2. A Place approved by the Government or DLC constituted by the Government.

Consent:

  1. Only the consent of women is required.
  2. If the Age is <18 yrs or a mentally ill patient, consent of a guardian is required.

Violation of The ACT:

  1. Any person doing MTP and not a RMP can be punished with rigorous imprisonment for 2-7 yrs.
  2. If terminated at a place that is not approved can be punished 2-7 yrs rigorous imprisonment.
  3. The owner of unapproved place, performing termination can also be punished with rigorous imprisonment 2-7 yrs


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