रजिस्ट्री सं० डी० एल०-33004/ 2002
REGISTERED NO . DL- 33004/2002
भारत को राजपत्र The Gazette of.India
असाधारण
EXTRAORDINARY
भाग II खण्ड 2
ня M
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 18] No. 18]
नई दिल्ली, सोमवार, मई 6, 2002/ वैशाख 16, 1924 NEW DELHI , MONDAY, MAY 6, 2002/ VAISAKHA 16, 1924
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
RAJYA SABHA
Thefollowing Bill was introduced in the Rajya Sabha on the 6th May, 2002:-
BILL NO . XXXV OF 2002
ABill to amend the Medical Termination of Pregnancy Act, 1971 .
BE it enacted by Parliament in the Fifty -third Year of the Republic of India as follows:-
Short title and commencement.
2002. 1.(1) This Act may be called the Medical Termination ofPregnancy (Amendment ) Act,
(2) Itshall come into force on such date as the Central Government may, by notification inthe Official Gazette, appoint.
34 of 1971 .
Amendment of section 2 .
2. Insection 2 of the Medical Termination of Pregnancy Act , 1971 (hereinafter referred to as the principal Act) ,-
(i) inclause( a), for the word "lunatic " , the words " mentally ill person " shall be substituted;
(ii) for clause ( b) , the following clause shall be substituted, namely:-
'(b) "mentally ill person " means a person who is in need for treatment by reason of any mental disorder other than mental retardation; ' .
Amendment of section 3 .
3. In section 3 of the principal Act, in sub- section (4) , in clause (a) , for the word " lunatic" , the words " mentally ill person" shall be substituted ..
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THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 4. For section 4 of the principal Act , the following section shall be substituted, namely:--
Substitution of new section for section 4.
"4. No termination of pregnancy shall be made in accordance with this Act at any place other than-
Place where pregnancy may be terminated.
(a) ahospital 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 ChiefMedical Officer or District Health Officer as the Chairperson ofthe said Committee:
Provided that the District Level Committee shall consist of not less than three and not more than five members including the Chairperson, as theGovernment may specify from time to time."
5. In section 5 of the principal Act,-
Amendment of section 5.
(a) for sub -section (2) and the Explanation thereto, the following shall be sub- stituted, namely:-
45 of 1860 .
'(2) Notwithstanding anything contained in the Indian Penal Code, the termination of pregnancy by a person who is not a registered medical practi- tioner 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.
(3) Whoever terminates any pregnancy in a place other than that men- tioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years.
(4) Any person being owner of a place which is not approved under clause ( b ) of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years .
Explanation 1. For the purposes of this section , the expression " owner " in relation to a place means any person who is the administrative head or other- wise responsible for the working or maintenance of a hospital or place , by what- ever name called, where the pregnancy may be terminated under this Act .
Explanation 2. For the purposes of this section , so much of the provi- sions of clause (a) 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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THE GAZETTE OF INDIA EXTRAORDINARY
Sec . 2]
STATEMENT OF OBJECTS ANDREASONS
The Medical Termination of Pregnancy Act, 1971 legalised termination of pregnancy on various socio-medical grounds . This Act is aimed at eliminating abortion by untrained persons and in unhygienic conditions , thus reducing maternal morbidity and mortality .
2. In 1997, an expert group was constituted to review the aforesaid Act with a viewto making it more relevant to the present environment . The National Commission for Women also suggested certain amendments in the Act to remove provisions which were discrimina- tory to women . Taking into consideration the suggestions of the National Commission for Women and experience gained in the implementation of this Act, the expert group recom- mended certain amendments to the Act .
3.Accordingly, the Medical Termination of Pregnancy (Amendment) Bill , 2002 pro- vides for-
(i) substituting the word " lunatic " by the words " mentally ill person" ;
(ii) amending section 4 with a view to delegating powers to the Government to approve places for medical termination of pregnancy and constituting District Level Committees to be headed by the Chief Medical Officer/District-Health Officer;
(iii) amending section 5 so as to prescribe punishment of rigorous imprisonment of not less than two years and extending up to seven years-
(a) to clinics which are not authorised to conduct abortions ; and
(b) to persons who are not registered medical practitioners with requisite experience or training for terminating pregnancy .
4. The Bill seeks to achieve the above objects .
C. P. THAKUR .
R. C. TRIPATHI ,
Secretary-General.
PUBLISHED BY THE SECRETARY - GENERAL, RAJYA SABHA UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA .
MGIP ( PLU) MRND- 928GI-22.05.2002 .