Medical Termination of Pregnancy - A User's Guide to the Law

Before the coming into force of the MTPA, "abortion" or induced miscarriage came under the purview of the IPC, which criminalized such an act in its Sections 312-316. Under this scheme of the law, not only was the person performing the abortion or "causing the miscarriage" guilty of an offence but the woman who procured the abortion, was also guilty. The only circumstances where a person was not guilty, was where the abortion was caused in good faith and in order to save the life of the woman. Thus, there was an absolute prohibition on abortion and no consideration whatsoever given to the circumstances of each case which required/compelled the woman to procure the abortion. The MTPA brought into effect in 1971, built on the "saving the life of the woman" clause. It also provided for other grounds under which MTP's were made accessible. Hence, from 1971, India was one of the few countries in the world where abortion laws were liberalised. However, the right to abortions was not accorded to women under this Act and women could obtain legal MTP's only if the grounds mentioned under the Act were satisfied. The MTPA also incorporates provisions for ensuring access to safe abortions services. Hence, as the laws stand today, a woman can obtain MTP services provided that she satisfies any of the grounds contained in the Act, in a place recognised and registered under the Act and that the MTP has to be conducted by medical professional recognized under the MTPA and the MTP Rules. Criteria for registration and qualifications/experience of medical professionals are provided in the MTPA, MTP Rules and MTP Regulations. The manual attempts to explain the provisions of this Act. As the IPC provisions continue to be in force, albeit subject to the provisions of the MTPA under certain situations, this manual also provides an explanation of the IPC by referring to case law on this issue.