REGISTERED NO. DL-33004/2002
The Gazette of India
EXTRAORDINARY
PART II — Section 2
PUBLISHED BY AUTHORITY
No. 18]
NEW DELHI, MONDAY, MAY 6, 2002/ VAISAKHA 16, 1924
Separate paging is given to this Part in order that it may be filed as a separate compilation.
34 of 1971
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 6th May, 2002:—
BILL NO. XXXV OF 2002
A Bill 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:—
1. (/) This Act may be called the Medical Termination of Pregnancy (Amendment) Act,
2002.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In section 2 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred
to as the principal Act),—
(/) in clause (a), for the word "lunatic", the words "mentally ill person" shall be
substituted;
(if) for clause (A), 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;'.
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. •
Short title and
commencement
Amendment
of section 2,
Amendment
of section 3.
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 1 ^ -
Substitution of
new section
for section 4.
Place where
pregnancy
may be
terminated.
Amendment
of section 5.
4. For section 4 of the principal Act, the following section shall be substituted,
namely:—
"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, pr
(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-
Provided that the District Level Committee shall consist of not less
than three and not more than five members including the Chairperson, as
the Government may specify from time to time."
5. In section 5 of the principal Act,—
(a) for sub-section (2) and the Explanation thereto, the following shall be sub-
stituted, namely:—
'(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 (d) of section 2 as relate to the possession, by registered medical
practitioner, of experience or training in gynaecology and obstetrics shall not
apply.'.
45 of 1860.
Sec. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
3
STATEMENTOFOBJECTS 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 view to
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—-
(/) substituting the word "lunatic" by the words "mentally ill person";
(//) 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;
(Hi) 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 6 8 OF THE RULES OF
PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.
MOIP(PLU)MRND—928GI—22.05.2002.
