Termination of Pregnancy

 

Statute

1. Medical termination of Pregnancy Act, 1971
1. Section 3
1. Subsection 2
1. Subject to provision of sub-section (4), a pregnancy may be terminated by registered medical practitioner
2. Where the LENGHT of the pregnancy DOES NOT EXCEED 20weeks, of such medical practitioner is, or
3. Where the LENGTH of the pregnancy EXCEEDS 20 weeks BUT DOES NOT EXCEED 24 Weeks in case of such category of women as may be prescribed by rules made under this Act 
1. if not less than 2 registered medical practitioners are of the opinion, formed in GOOD FAITH that
1. the continuation of the pregnancy would involve a RISK to life of the pregnant woman or grave injury to her physical or mental health.
2. there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.
4. Explanation 1 :- for the purpose of clause (a) where any pregnancy occurs as a result of failure of any device or method used by any women or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be PRESUMED to constitute a grave injury to the mental health of the pregnant women.
5. Explanation 2 :- For the purpose of clause (a) & (b) where any pregnancy is alleged by pregnant women to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant women.
1. (2A) The norms of the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age SHALL be such as may be prescribe by rules made under this Act
2. (2B) The provision of subsection(2) relating to the LENGHT of pregnancy SHALL NOT apply to the termination of pregnancy by the medial practitioner where such termination is necessary by the diagnosis of any of the SUBSTANTIAL foetal abnormalities diagnosed by the Medical board.
3. (2C) Every State Govt or Union Territory as the case may be SHALL be notification in official Gazette constitute a board to be called a Medial Board for the purpose of this Act to exercise such powers and function as may be prescribed by rule made under this act.
4. (2D) The Medical Board SHALL consist of following
1. A Gynaecologist
2. a Pediatrician
3. a Radiologist or Sonologist
4. Such other number of members as may be notified in Offical Gazett

Important Points

1. A woman's right to make Reproductive choice is also dimension of personal liberty as understood under A21 of the Constitution.
2. CONSENT of women is ESSENTIAL requirement for proceeding with the termination of pregnancy.
3. Reproductive rights include a woman's' entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children
4. allowed reasons for Termination of pregnancy 
1. Rape victim, 
1. if forced to give birth to a child in social scenario she has to face a life time anguish
1. Impact mental health
2. Apart from fact the child who is born will also have to face disdain of the society
5. Prerequisites for Termination of Pregnancy
1. Medical Reports of District Medical Board 
2. Section 3 of MTP Acr, 1971
1. Regarding section 3 would show that the length of pregnancy can be terminated in opinion of registered medical practitioner formed in good faith that pregnancy would cause GRAVE INJURY to Physical & mental health of women and where the length of pregnancy does not exceed 20weeks.
2. Explanation 2 the same is prescribed wherein it is stated that the pregnancy which is caused by RAPE would PRESUMED to cause grave injury to mental health of the pregnant women. 
6. DNA of the Child SHALL also be preserved considering the facts - report under Section 373  which will be eventually required at future date.

Case Law

1. Meera Santosh Pal Vs UoI (2017) 3 SCC 462
1. Para 9 - In Suchita Srivastava Bench of 3 J held a "women right to make reproductive choice is also dimension  of personal liberty as understood under A21 of Constitution "
2. The court there dealt with the importance of the consent of the pregnant women as an essential requirement for proceeding with termination of pregnancy.
3. There is no doubt that a woman's right to make reproductive choice is also a dimension of "personal liberty" as understood under A21 of Constitution. it is imp to recognize that Reproductive choices can be exercised to procreate as well as to abstain from procreating.
4. The crucial consideration is that woman's right to privacy, dignity and bodily integrity should be respected. 
5. This means that there should be no restriction whatsoever on the exercise of reproductive choices such as a woman's right to refuse participation in sexual activity or alternatively the insistence on use of contraceptive methods. 
6. Further more women are also free to choose birth control methods such as undergoing sterilisation procedures. Taken to their logical conclusion, reproductive rights include a woman's' entitlement to carry a pregnancy to its full term, to give birth and to subsequently raise children.
2. Suchita srivaatava Vs Chandigarh Adm (2009) 9 SCC 1

Source