The Medical Termination of Pregnancy Act 1971 Rules 1975

The Medical Termination of Pregnancy Act 1971 Rules 1975

 

The Medical Termination of Pregnancy Act, 1971 Rules 1975 were enacted with the primary objective of facilitating the termination of specific pregnancies under the guidance of registered medical professionals.

 OBJECTIVE

 The primary aim of enacting this legislation was to authorize registered medical practitioners to carry out certain pregnancy terminations and address associated matters. 

DEFINITIONS

 - Guardian:

An individual responsible for the care of a minor or a mentally incapacitated person.

 - Minor:

A person, as defined by the Indian Majority Act of 1875, who has not yet reached the age of majority.

 - Registered Medical Practitioner:

A medical professional possessing a recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956. Additionally, their name must be listed in a State Medical Register, and they must have relevant experience or training in gynecology and obstetrics, as stipulated by rules established under this Act.

 - Owner:

In the context of a location, "owner" refers to any person who holds administrative authority or responsibility for the operations or maintenance of a hospital or clinic.

 - Place:

This term encompasses any structure, tent, vehicle, vessel, or its part that serves as a facility for establishing or maintaining a hospital or clinic dedicated to pregnancy termination.

 

CIRCUMSTANCES UNDER WHICH PREGNANCIES MAY BE TERMINATED BY REGISTERED MEDICAL PRACTITIONERS

1. A registered medical practitioner may terminate a pregnancy if it is not more than 12 weeks old and the medical practitioner, in good faith, believes that:

       (a) Continuing the pregnancy would result in severe physical or mental harm to the pregnant woman, or

       (b) The child to be born would suffer severe physical or mental abnormalities.

2. If a pregnancy is more than 12 weeks but not exceeding 20 weeks, termination may occur with the concurrence of at least two registered medical practitioners when:

- The pregnancy resulted from rape or due to the failure of contraceptive devices used by a married woman or her spouse for family planning. In such cases, it is presumed to cause grave harm to the mental health of the pregnant woman. Evaluation may consider the pregnant woman's actual or reasonably foreseeable environment.

3. A registered medical practitioner may terminate a pregnancy for a woman aged 18 or older with her written consent.

4. For women under 18 or those over 18 but mentally incapacitated, written consent from their guardian is required. 

EXPERIENCE AND TRAINING

 The Medical Termination of Pregnancy Rules of 1975 stipulate the requisite experience and training in gynecology and obstetrics for registered medical practitioners to perform pregnancy terminations:

 - Medical practitioners registered in a State Medical Register before the enactment of this Act must possess a minimum of three years of experience in gynecology and obstetrics.

 - Medical practitioners registered in a State Medical Register after this Act's commencement can terminate pregnancies if they meet one of the following criteria:

    (i) Completion of six months of house surgency in gynecology and obstetrics.

    (ii) Minimum one-year experience in obstetrics and gynecology at any hospital.

  (iii) Participation in the performance of twenty-five cases of medical termination of pregnancy in a government-approved hospital, clinic, or training institute.

- Registered medical practitioners holding a post-graduate degree or diploma in gynecology and obstetrics are exempted from specific experience or training requirements. 

APPROVAL OF PREGNANCY TERMINATION FACILITIES

 Facilities for pregnancy termination can receive approval only when:

 (i) The government ensures that terminations occur under safe and hygienic conditions.

 (ii) The facility provides the necessary equipment and resources, including surgical instruments, anesthesia equipment, resuscitation tools, sterilization equipment, and emergency medications. 

MAINTENANCE OF ADMISSION REGISTER

 The Medical Termination of Pregnancy Regulations of 1975 mandate the maintenance of an Admission Register. The head of the hospital or the owner of an approved facility must maintain this register, following prescribed forms, to record the admission of women seeking pregnancy termination.

 Each entry in the Admission Register receives a unique serial number, with a new serial number assigned for each calendar year. It is essential to distinguish the serial numbers of different years (e.g., 7/1987 and 7/1988). The Admission Register is confidential, and the personal details of pregnant women must not be disclosed. 

OFFENCES AND PENALTIES

1. Performing a pregnancy termination by an unregistered medical practitioner is an offense punishable under the Indian Penal Code.

2. Any person who deliberately violates or fails to comply with state government regulations may face fines of up to one thousand rupees.

 

3. Registered Medical Practitioners are protected from legal action for any harm caused or likely to be caused in good faith under this Act.