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:
- To allow safe and legal abortion under specific conditions.
- To protect women’s health and rights.
- To control population growth indirectly.
- To prevent misuse of abortion laws.
Key Provisions:
-
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.
-
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.
-
Consent:
- Women above 18 years – Personal consent is required.
- Girls below 18 years or mentally ill women – Consent of guardian is mandatory.
-
Privacy and Confidentiality:
- Identity of the woman seeking abortion cannot be disclosed.
-
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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