Chapter-21 Amendment of the MTP Act

BOOK TITLE: An Introduction to Genetics and Fetal Medicine

1. Malhotra Narendra
2. Malhotra Jaideep
3. Goel RN
Publishing Year
Author Affiliations
3. Agra, India, Agra, Uttar Pradesh, India, National Indian Federation of Ultrasound in Medicines and Biology (IFUMB); National Inspection and Monitoring, Committee (NIMC) under Pre-Conception and Pre-Natal Diagnostic Techniques by Ministry of Health and Family Welfare, New Delhi; National Indian Federation of Ultrasound, in Medicines and Biology (IFUMB); Agra, Uttar Pradesh, India
Chapter keywords


Medical Termination of Pregnancy (Amendment) Act, 2002, it enacted by Parliament in the Fifty-third Year of the Republic of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. In Section 2 clause (a) and (b), for the word “lunatic”, the words “mentally ill person” means a person who is in need of treatment by reason of any mental disorder other than mental retardation. In Section 3 of the principal Act, in sub-section (4). Section 4, no termination of pregnancy shall be made in accordance with this Act at any place other than: (a) a hospital established or maintained by Government, or (b) a place for the time being approved for the purpose of this Act 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. In Section 5 of the principal Act, for sub-section (2) and the Explanation thereto. Notwithstanding anything contained in the Indian Penal Code, the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years under that Code, and that Code shall, to this extent, stand modified. Explanation: (i) For the purposes of this section, the expression “owner” in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act. (ii) For the purposes of this section, so much of the provisions of clause (d) of section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply.

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