The Medical Termination of Pregnancy (MTP) Act

By Abdulla Israr & Simran Rani

The Medical Termination of Pregnancy (MTP) Act

Description also available in video format (attached below), for better experience use your desktop

Introduction

·       The Medical Termination of Pregnancy (MTP) Act is a legislation in India that governs the termination of pregnancies.

·       Enacted in 1971, the primary purpose of this act is to regulate and make provisions for safe abortions to protect the health of women and reduce maternal mortality and morbidity associated with unsafe abortions.

·       The MTP Act serves as a crucial legal framework in India to ensure that women have access to safe and legal abortion services while also safeguarding their reproductive rights and health.

·       Here's a breakdown of some key aspects of the MTP Act

1.     Conditions for abortion: According to the MTP Act, abortion can be performed by a registered medical practitioner under certain conditions:

·        If the pregnancy poses a risk to the life or physical or mental health of the woman.

·        If there is a substantial risk that the child, if born, would suffer from physical or mental abnormalities.

·        If the pregnancy is a result of rape.

·        If the pregnancy is a result of failure of contraceptive devices used by a married woman or her husband.

2.     Gestation limit

·        The act specifies a gestation limit beyond which abortion is not allowed except under certain circumstances.

·        Initially, it was 20 weeks of pregnancy.

·        However, in 2021, the Indian government proposed amendments to extend the gestational limit to 24 weeks in cases of substantial fetal abnormalities or if the pregnancy is a result of rape.

·        This amendment aims to provide more options to women facing difficult situations.

3.     Legalizing safe abortion

·        The MTP Act aims to prevent unsafe and illegal abortions by providing a legal framework for safe procedures.

·        This helps in reducing maternal mortality and morbidity associated with unsafe abortions performed by untrained personnel or in unhygienic conditions.

4.     Authorization

·        The act requires the consent of the woman for the abortion.

·        In the case of minors or mentally ill women, consent from a guardian or legal representative is necessary.

·        Additionally, the procedure must be performed by a registered medical practitioner in a registered medical facility.

5.     Penalties

·        The act also prescribes penalties for individuals who violate its provisions, including medical practitioners who perform abortions unlawfully.

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