Chapter: 5.1 Pre - requisites for termination of pregnancy

Pre - requisites for termination of pregnancy

Pregnancies may be terminated by registered medical practitioners

(a)    Where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or
(b)    Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not less than two registered medical practitioner are, of opinion, formed in good faith, that - (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities to be seriously handicapped.

However, the provision limiting the termination based on “team of pregnancy" shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that he termination of such pregnancy is immediately necessary to save the life of the pregnant woman.

The Act further clarifies that if the pregnancy has been caused by rape or has occurred occurs as a result of failure of any device or method used by any married 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.

The Act makes it mandatory to obtain the consent of the pregnant woman. However in case of minor or a mentally ill person, consent of guardian is admissible.

It is further provided that pregnancy may be terminated only at a hospital established or maintained by Government, or a place for the time being approved by Government or a District Level Committee constituted by that Government with the Chief Medical Officer or District Health Officer as the Chairperson of the said Committee