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The MTP Act 1971

The MTP Act 1971. Dr. K. N. Patel. The Medical termination of Pregnancy Act. THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 (Act No. 34 of 1971) (10th August 1971) the Medical Termination of Pregnancy (Amendment) Act, 2002

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The MTP Act 1971

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  1. The MTP Act 1971 Dr. K. N. Patel

  2. The Medical termination of Pregnancy Act • THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 (Act No. 34 of 1971) (10th August 1971) • the Medical Termination of Pregnancy (Amendment) Act, 2002 • MEDICAL TERMINATION OF PREGNANCY REGULATIONS, 2003 MINISTRY OF HEALTH AND FAMILY WELFARE( Department of Family Planning)New Delhi, the 13th June April, 2003They extend to all the Union territories

  3. Aim • Health care measure which helps to reduce maternal morbidity and mortality resulting from illegal abortions • It provides an opportunity to motivate women for adopting some form of contraception • to regulate and ensure access to safe abortion care and defines ‘when’ ‘where’ and under ‘what’ conditions abortion is permissible

  4. Main components • Conditions under which the pregnancy can be terminated • Person/s who can perform such termination • Place where such termination can be performed

  5. Conditions under which pregnancy can be terminated • Medical: Grave injury to physical, mental health of mother if pregnancy is continued • Eugenic: Substantial risk to child, serious handicap due to physical-mental abnormality • Humanitarian: Pregancy as a result of rape • Socioeconomic: risk of health of mother • Failure of contraceptive device

  6. Person/s who can perform such termination • Up to 12 wks: A Registered Medical Practitioner having experience in obstetric and gynecology • PG in O&G • MBBS trained for MTP • 12 – 20 wks: Two Registered Medical Practitioners having experience in obstetric and gynecology

  7. Consent  (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.

  8. Amendment A place for the time being approved for the purpose of this  Act by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee

  9. Offence and penalty • the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years • Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years • Any person being owner of a place which is not approved under clause (b) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years

  10. MTP Act: Concerns • The default recognition of all public health institutions as abortion facilities also implies the responsibility of the government to make each public health institution capable of providing abortion care and hence makes the state accountable for it • Covert and overt coercion for post-abortion contraceptive use in public institutions often compels women to seek unsafe abortion elsewhere

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