Pharmaceutical Jurisprudence I

Medical Termination of Pregnancy (MTP) Act, 1971

Introduction to MTP Act 1971:

  • The Medical Termination of Pregnancy (MTP) Act 1971 governs the conditions under which a pregnancy may be legally terminated in India.
  • It was enacted to reduce unsafe abortions and maternal mortality.

Objectives:

  1. To allow safe and legal abortion under specific conditions.
  2. To protect women’s health and rights.
  3. To control population growth indirectly.
  4. To prevent misuse of abortion laws.

Key Provisions:

  1. Eligibility for Abortion:

    • Pregnancy can be terminated up to 20 weeks (extended to 24 weeks in special cases under 2021 amendment).
    • Allowed only when performed by a registered medical practitioner.
  2. Conditions Permitting Abortion:

    • Risk to Mother’s Life – If pregnancy poses a threat to the physical or mental health of the woman.
    • Fetal Abnormalities – Severe fetal defects making life unsustainable.
    • Rape or Incest – Cases resulting from sexual assault.
    • Contraceptive Failure – Unplanned pregnancies due to contraceptive failure in married or unmarried women.
  3. Consent:

    • Women above 18 years – Personal consent is required.
    • Girls below 18 years or mentally ill women – Consent of guardian is mandatory.
  4. Privacy and Confidentiality:

    • Identity of the woman seeking abortion cannot be disclosed.
  5. Amendments (2021):

    • Increased gestation period to 24 weeks for certain categories like rape survivors or minors.
    • Established Medical Boards for complex cases.

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