What Are Mtps under What Conditions Mtps Are Legally Permitted

Prior to 1971, abortion was criminalized under Section 312 of the Indian Penal Code of 1860,[5] which described it as an intentional “miscarriage”. [6] Except in cases where an abortion was performed to save the woman`s life, it was a criminal offence and criminalized women/caregivers, with the person who intentionally caused a woman`s miscarriage with a child[7] risking three years in prison and/or a fine, and the woman who used the service faced seven years` imprisonment and/or a fine. The author has filed numerous complaints such as Miss X and Dr. Nikhil Datar v. Union of India and supported more than 200 petitioners in their work for legal abortion beyond 20 weeks. These were mainly women with severe foetal abnormalities and survivors pregnant with mild rape. The Hon`ble Apex Court decision of 15.12.2016 ordered the Union Government to make an affidavit of what the Government intends to do in this case. The Union of India stated in its affidavit dated 11.09.2019 the following: Selective sexual selection and safe abortion are mutually exclusive issues under Indian law. While the MTP Act provides a framework for the provision of abortion services, the PC&PNDT Act regulates the misuse of diagnostic techniques to determine the sex of the fetus. The two acts have a very clearly defined objective, but there is still a merger in the implementation of the two acts. Due to the strict enforcement of the PC&PNDT law, many doctors are afraid or reluctant to offer MTP services due to the possibility of being inspected and legal issues, which severely impede access to safe abortion services.

[38] The court held that under India`s Medical Termination of Pregnancy Act 1971 (MTP Act) and related rules, all women, regardless of marital status, have the right to a safe and legal abortion. For decades, the overwhelming global trend has been toward liberalizing abortion laws and improving access to abortion services. Since 1994, nearly 60 countries in all regions of the world have liberalized their abortion laws to broaden the grounds for the legality of abortion. Theft In India, MTP is legal. It is recommended if the pregnancy is harmful to the fetus and the mother. Other conditions in which MTP is recommended are to get rid of unwanted pregnancies due to casual sex or contraceptive failure. (i) has a recognized medical qualification under the Indian Medical Council Act Abortion beyond 20 weeks is safe nowadays. Although medically safe, it was illegal to terminate the pregnancy after 20 weeks (except to “save the woman`s life”). The diagnosis of a serious fetal abnormality, but the non-termination of pregnancy after the woman`s request due to a legal obstacle is an unfortunate situation for an obstetrician and the woman at the same time. After several legal disputes, Parliament finally amended the MTP law [3]. Until the new law is implemented, women have no choice but to go to the Supreme Court to seek permission from TOP. Legal activism has created a systematic mechanism to obtain legal authorization to terminate within the limit established by law.

When terminating pregnancies after 24 weeks, the procedure of stopping fetal heart sounds may become the norm. This will overcome the moral, ethical and legal dilemmas faced by doctors who perform such abortions. If TOP is necessary, even within legally permitted limits, the courts may be called upon to do so. Under colonial rule, India was opposed to the concept of abortion. At that time, maternal mortality and morbidity due to illegal abortions were high. In order to prevent this damage to maternal health, the Indian Parliament enacted the Medical Termination of Pregnancy Act 1971 (MTP Act), modelled on the United Kingdom`s Abortion Act 1967. Interestingly, the word “abortion” does not appear anywhere in Indian law. This may be due to the socio-religious-political scenario of the time in the country. With the passage of the MTP Act in 1971, India abandoned the “pro-life” ideology. This Act exists alongside the Indian Penal Code (IPC).

The provisions of the Criminal Code, in particular article 312, provide that abortion is a criminal offence. The MTP Act created an exception to the provisions of the IPC. Thus, the MTP law allows, albeit selectively, women to legally undergo an abortion. With regard to unwanted pregnancies resulting from “marital rape”, the court ruled that in such cases, married women could use abortion services up to the 24th week of pregnancy, notwithstanding the marital rape exception under the Indian Penal Code. Medical abortion is a lengthy process compared to surgical abortion. It depends on person to person and the age of pregnancy, the time needed for the patient`s recovery. The patient may have heavy bleeding for a week, depending on the number of weeks of pregnancy. Severe abdominal or back pain with cramps, fever, foul-smelling discharge, etc. are also the result of medical abortion. Sometimes it took more than a month to resume daily activities. You will also need to consult the doctor to make sure your healing process is going smoothly and to confirm that the pregnancy has been completely terminated. In this application, the author requested the Honourable Court to relax the 20-week limit and to consider the specific part of Section 3 of the MTP Act as a violation of a woman`s human rights under Section 21 of the Constitution of India.

The Medical Termination of Pregnancy (MTP) Act, 1971 provides the legal framework for the provision of CAC services in India. Abortion is allowed for a wide range of illnesses up to the 20th week of pregnancy, as described below: The MTP law legitimizes abortion under certain conditions and up to certain weeks of pregnancy. Section 3 [1] (B) (i) of the MTP Act (1971) provides that if the continuation of the pregnancy presents a danger to the life of the pregnant woman or serious harm to her physical or mental health, this is a valid indication of abortion (TOP). Termination for the “immediate saving of the woman`s life” can be made at any time. If the woman`s physical or mental health is severely damaged or there is a significant risk that the fetus will suffer a severe physical or mental disability, the TOP was only allowed until week 20 under the MTP Act of 1971. This provision is now amended in the MTP 2020 law [2]. The new law will allow TOP for “special categories of women” (may include rape victims, etc.) for up to 24 weeks. In case of significant fetal abnormalities, an abortion may also be performed after 24 weeks with the permission of the Medical Association. So if the dismissal is after 20 weeks for “contraceptive failure” or after 24 weeks for rape victims, this is still considered a violation of the MTP law.

In this case, Article 312 of the CPI enters into force. The police can determine criminal charges against the physician that lead to arrest, imprisonment or revocation of medical license. Medical abortion is a common gynecological procedure. Unlike other procedures, this procedure has ethical, moral and legal connotations. Medical abortion is strictly regulated by the Medical Abortion Act (MTP Act). The law allows abortion [TOP] for “some” indications and only up to the “specific” week of pregnancy. This poses a serious dilemma for the gynecologist.