ABORTION, MTP ACT & PCPNDT ACT

  • DEFINITION AND CLASSIFICATION OF ABORTION, MTP ACT AND PCPNDT ACT


    DEFINITION OF ABORTION

    • Abortion is defined as the expulsion or removal of an embryo or fetus from the uterus before it is viable (i.e., capable of independent survival).

    • As per the WHO and Indian legal definitions, abortion is considered if termination occurs before 20 weeks of gestation or if fetal weight is below 500 grams.


    CLASSIFICATION OF ABORTION

    1. NATURAL ABORTION
    Occurs without any deliberate or external intervention.

    • Threatened Abortion – Vaginal bleeding with closed cervix and live fetus.

    • Inevitable Abortion – Bleeding with dilated cervix; abortion is unavoidable.

    • Incomplete Abortion – Partial expulsion of the products of conception.

    • Complete Abortion – Complete expulsion of all products of conception.

    • Missed Abortion – Fetus is dead but retained in uterus.

    • Septic Abortion – Infection associated with abortion process.

    • Recurrent Abortion – Three or more consecutive spontaneous abortions.

    2. INDUCED ABORTION
    Deliberate termination of pregnancy through medical or surgical means.

    • Legal (Therapeutic) Abortion – Done in accordance with law (MTP Act).

    • Illegal (Criminal) Abortion – Done outside the legal framework.


    MEDICAL TERMINATION OF PREGNANCY (MTP) ACT, 1971

    1. OBJECTIVE

    • To legalize abortion under certain conditions and prevent unsafe abortions.

    2. CONDITIONS FOR MTP UNDER THE ACT

    • Grave risk to physical or mental health of pregnant woman.

    • Pregnancy due to rape or incest.

    • Contraceptive failure (only for married women in original act; now includes unmarried).

    • Substantial risk of fetal abnormalities.

    3. WHO CAN PERFORM MTP

    • Only registered medical practitioners with specified qualifications and experience.

    4. GESTATIONAL LIMITS (as per MTP Amendment Act 2021)

    • Up to 20 weeks – On the opinion of one registered medical practitioner.

    • 20–24 weeks – Allowed in special cases (rape survivors, minors, etc.) with two doctors’ opinion.

    • Above 24 weeks – Only through Medical Board approval if severe fetal abnormality is confirmed.

    5. CONSENT

    • Consent of the pregnant woman is essential.

    • If the woman is a minor or mentally ill, guardian’s consent is needed.

    6. CONFIDENTIALITY

    • Identity of the woman undergoing MTP must be kept confidential.


    PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT) ACT, 1994

    1. OBJECTIVE

    • To prohibit sex selection and prevent female feticide.

    • To regulate pre-natal diagnostic techniques for detecting genetic abnormalities, not for determining sex.

    2. SALIENT FEATURES

    • Ban on sex selection before or after conception.

    • Registration mandatory for clinics offering ultrasound or pre-natal diagnostic techniques.

    • Use of diagnostic techniques only for:

      • Detection of genetic or chromosomal abnormalities.

      • Metabolic or congenital disorders.

      • Sex-linked disorders.

    3. PENALTIES FOR VIOLATION

    • First offence: Imprisonment up to 3 years and fine up to ₹10,000.

    • Subsequent offences: Harsher punishments including cancellation of medical license.

    • Suspension of registration of clinics violating rules.

    4. ROLE OF AUTHORITIES

    • Appropriate Authority at the district and state level monitors implementation.

    • Medical Council of India/National Medical Commission involved in disciplinary action.