Thursday, 28 June 2012

When can pregnancies be terminated by Registered Medical Practitioners?



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 MTP Act
  • where the length of the pregnancy does not exceed twelve weeks,
  • where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two medical practitioners are of the opinion, formed by doctor in good faith that – the continuance of pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health, or there is a substantial risk that the child, if born, would suffer from such physical and mental abnormalities as to be seriously handicapped.
  • 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.
  • Where any pregnancy results as a result of failure of any device or method used by any woman or her husband for the purpose of limiting the number of children, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.
  • 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 women’s actual or reasonably foreseeable environment.
  • No pregnancy of a woman, who has not attained the age of 18 years, or, who, having attained the age of 18 years is a mentally ill person (substituted for "lunatic" by Amendment Act, 2002), shall be terminated except with the consent in writing of her guardian.

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