The Medical Termination of Pregnancy Act 1971

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THE MEDICAL TERMINATION Of PREGNANCY ",C . '. "
(No. 34 of 1971)
CONTENTS
1.
2.
3.
Short title, extent and commencement.
Definitions.
When pregnancies may be terminated by re~ te~~" i ,-die
practitioners.
4.
5.
6.
7.
8.
Place where pregnancy may be terminated
Sections 3 and 4 when not to apply.
Power to make rules.
Power to make regulations.
Protection of action taken in good faith,/
r~rih '\I'~ IS~, 1971]
An Act to provide for the terminationof certain pregnaIClef by I(-'reered
medical practitioners and for matters connected ther'Jwith or incidental
thereto...
BE it enacted by Parliament in the Twenty-sec0nd Year ,./ the I,epl'blic of
India as follow:-
1.
2.
Short title, extent and commencement - (1) t"s /,[';, rPZ) t. ::Ilied
the Medical Termination of Pregnancy Act '1971.
(2) It extends to the whole of India exC'cpt t1e Sta ~ f v:wunu and
Kashmir.
(3) It shall come into force qn such date as the - - ~ I :' JV7,Ilr'v"'rt
may by notification in the Official Gazette, appoint.
Definitions- In this Act, unless the context otherwise I.X lirfJs,-
(a) "guardian" means a person having the care of tflq ,f'r<,o'1 of 2 minor
lunatic;
(b) "lunatic: has the meaning assigned to it in section 3 of the Indi~n
Lunacy Act, 1912 (4.of 1912);
(c) "minor" means a person who, under the provisions of the Indian
Majority Act, 1875 (9 of 1875), is to be deemed not to have attained
his majority;
(d) "registered medical practitioner" means a medical practitioner who
possesses any recognised medical qualification as defined in
ctause (h) of section 2 of the Indian Medical Council Act, 1956 (102
of 1956), whose name has been entered in a State Medical
Register and who such experience or training in GY'"fa('colo~y and
Obstetrics as may be prescribed by rules made under this Act.
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3. When pregnancies may be terminated by registered medical
practitioners - (1) Notwithstanding anything contained in the Indian
Penal Code (45 of 1860), a registered medical practitioner shall not be
guilty of any offence under that Code or under any other law for the
time being in force, if any pregnancy is terminated by him in
accordance with the provisions of this act.
(2) Subject to the provisions of sub-section (4) a pregnancy may be
terminated by a registered medical practitioner, -
(a) where the length of the pregnancy does not exceed twelve
weeks, if such medical practitioner is, or .,.
(b) where the length of the pregnancy exceeds twelve weeks but
does not exceed twenty weeks, if not less than two registered
medical practitioners are,
of opinion, formed in good faith, that :-
. (i) the continuance of the pregnancy would involve a risk to the life
of the pregnant woman' or of grave injury to her physical or
mental health or
(ii) there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormalities as to be
seriously handicapped.
Explanation I - Where any pregnancy is alleged by the pregnant
woman to have been caused by rape, the anguish caused by such
pregnancy shall be presumed to constitute a grave injury to the mental
health of the pregnant woman.
EXRlanation/I - Where any pregnancy occurs as a result of failure
of any _deviceor method used by any married woman or her husband for
the purpose of limiting the number of children, the anguish caused by
such unwanted pregnancy may be presumed to constitute a grave injury
to the mental health of the pregnant woman.
(3) In determining whether the continuance of a pregnancy would
involve such risk of injury to the health as is mentioned in sub-section
(2), account may be taken of the pregnant woman's actual or reasonably
foreseeable environment.
(4) (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.
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4. Place where pregnancy may be terminated - No termination of
pregnancy shall be made in accordance with this Act at any place other
than -
(a) a hospital established or maintained by Government, or
(b) a place for the time being approved for the purpose of this Act
by Government.
Section 3 and 4 when not to apply - (1) The provisions of section 4
and so much of the provisions of sub-section (2) of section 3 as relate
to the length of the pregnancy and the opinion of not less than two
registered medical practition"ers,shall not apply to the termination of a
pregnancy by a registered medical practitioner in a case where he is of
opinion, formed in good faith, that the termination of such pregnancy is
immediately necessary to save the life of the pregnant woman.
(2) Notwithstanding anything contained in the Indian Penal Code
(45 of 1860) the termination of a pregnancy by a person who is not a
registered medical practitioner shall be an offence, punishable under
that Code and that Code shall, to this extent, stand modified.
Explanation - For the purpose of this section, so much of the
provisions of clause (d) of section 2 as relate to the possession, by a
registered medical practitioner, of experience or training in gynaecology
and obstetrics shall not apply.
Power to make rules - (1) The Central Government may, by
notification in the Official Gazette, make rules to carry out, the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:- .
(a) the experience or training, or both, which a registered
medical practitioner shall have if he intends to terminate
any pregnancy under this Act; and
(b) such other matters as are required to be or may be..
provided by rules made under this Act. .
(3) Every rules made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before, each house of
Parliament while it is in session for a total period of thirty days which
may be comprised in one session or in two successive sessions, and if,
before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity' of anything
previously done under that rule.
Power to make regulations - (1) The State government may by
regulations -
(a) require any such O
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. ion as is referred to in sub-section (2)
of section 3 to . e certified by a registered medical
practitioner or prCi itioners concerned, in sucJ1form and at
such time as may!be specified in such r:egtifations,and the
preservation or dISposalof such certificates;
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5.
6.
7.

8.
(b) require any registered medical practitioner who terminates
a pregnancy, to give intimation of such termination and
such other information relating to the termination as may be
specified in such regulations;
(c) prohibit the disclosure, except to such person and for such
purposes as may be specified in such regulations, of
intimations given or information furnished in pursuance of
such regulations. .
(2) The intimation given and the information furnished in
pursuance of regulations made by virtue of clause (b) of sub-section (1)
shall be given or furnished, as the case may be, to the Chief Medical
Officer of the State.
(3) Any person who wilfully contravenes or wilfully fails to comply
with the requirements of any regulation made under sub-section (1)
shall be liable to be punished with fine which may extend to one
thousandrupees. .
Protection of action taken in good faith - No suit or other legal
proceeding shall lie against any registered medical practitioner for any
damage caused or likely to be caused by anything which is in good
faith done or intended to be done under this Act.
Notes - This section affords protection -against suit or legal
proceedings against registered medical practitioner for any damage
caused in good faith.
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