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Medical Termination of Pregnancy (MTP) Act, 1971

Introduction

  • 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 of Medical Termination of Pregnancy (MTP) Act, 1971

  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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