Chapter 11
Medical Termination of
Pregnancy Act
Mrs. Yogita Kumbhar
Assistant Professor
Learning Objectives
To understand:
01 02
The purpose and objectives The procedure of pregnancy
of the Act. termination by Medical
Practitioner.
03
The offences and penalties of the Act.
Historical Context &
Introduction
Act Established Key Motivations
Passed by Parliament in 1971 to • Combat illegal, unsafe
provide legal framework for abortions harming women's
pregnancy termination by health
registered medical practitioners. • Population control measure
for unwanted pregnancies
Extends to whole of India except
Jammu and Kashmir. • Address contraceptive failure
situations
Key Definitions
Guardian Minor Registered Medical Practitioner
Person having care of a minor or Minor means a person who, under the
lunatic under legal provisions. provisions of the Indian Majority Act, Qualified doctor with recognized
1875 (9 of 1875), is to be deemed not medical degree, state registration, and
to have attained his majority. gynecology/obstetrics training.
Lunatic
Lunatic has the meaning assigned to it in Section 3 of the Indian Lunacy Act, 1912. The Indian Lunacy Act, 1912 was a colonial-era
law enacted to consolidate and amend laws relating to the custody, care, and management of persons of unsound mind (lunatics)
and their property. Note: This Act has since been repealed, and the term lunatic is no longer in use in Indian law. It has been
replaced by terms like person with mental illness under the Mental Healthcare Act, 2017.
Provisions of The Act
Women 18+ Years
Direct consent from the woman herself required for termination procedure.
Minors & Lunatic Cases
Written consent from legal guardian required for women under 18 or those deemed lunatic.
Risk Factor
Pregnancy ≤ 12 weeks – may be terminated if continuation poses grave risk to woman’s life/health or child would be
severely handicapped.
Two opinion
Pregnancy 12–20 weeks – requires opinion of two registered medical practitioners on risks/abnormalities.
Life Saving
Pregnancy of any duration – can be terminated if immediately necessary to save woman’s life.
Rape/ Contraceptive Failure
Pregnancy caused by rape or contraceptive failure (in married women).
Pregnancy Termination Conditions
Up to 12 Weeks 1
Single medical practitioner opinion sufficient. Grave
danger to life/health or serious fetal abnormalities.
2 12-20 Weeks
Minimum two registered medical practitioners must
agree on medical necessity.
Any Duration 3
Immediate termination necessary to save pregnant
woman's life.
4 Special Circumstances
Pregnancy from rape or contraceptive failure for
family planning.
Practitioner Qualification
Requirements
Pre-Act Registration Post-Act Registration
If RMP was registered in a State If RMP was registered in a State
Medical Register before this Act : Medical Register before this Act :
Minimum 3 years experience in • 6 months house surgery in
gynecology and obstetrics gynecology/obstetrics
practice required. • 1 year hospital experience if
no house surgery
• Assistance in 25 termination
cases in approved facilities
Record Maintenance Protocol
Special Registers Confidentiality Document Retention
Serial, year-wise entries in secret No patient names in case sheets. Admission registers destroyed after
admission registers maintained by Reference only by serial numbers 5 years, other papers after 3 years.
hospital heads. from admission register.
Confidentiality & Employee Rights
Employment Certificate Sealed Documentation Privacy Protection
RMP must provide certificate for Consent and medical opinion Employer cannot disclose
employed women to obtain leave sealed in envelope marked information to any other person
from employer. "SECRET" with serial number. under the Act.
Offences & Penalties
Illegal Practice
Pregnancy termination by non-registered practitioners punishable
under Indian Penal Code.
Rule Violations
Failure to comply with or contravening Act rules may result in fine
up to ₹1,000.
The Act ensures safe, legal pregnancy termination while protecting
women's rights and maintaining medical standards.