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FIR in respect to Medical termination of pregnancy


04-Oct-2023 (In Criminal Law)

I have been put fir for conduction MTP i new hospital for not taking permission .1.illegal raid by tahasildar and legal advisor without any order from the district medical office 2.All papers and documents shud be seized only when there is suspicion of death or complication.No charges pertaining to complication ,death ,under pcpndt The collector has not given any powers about the MTP law. .All the observations done by civilSurgeon based on the reports by tahsildar My application for Hospital registration is pending for last 2 years.

Answers (1)

Answer #1
523 votes
The Medical Termination Of Pregnancy Act, 1971
Section 3. When Pregnancies may be terminated by registered medical
practitioners.-
(1) Notwithstanding anything contained in the Indian Penal Code (45 of
1860), a registered medical practitioner shall not be guilty of any
offence under that Code or under any other law for the time being in
force, if any pregnancy is terminated by him in accordance with the
provisions of this Act.
(2) Subject to the provisions of sub-section (4), a pregnancy may be
terminated by a registered medical practitioner,-
(a) where the length of the pregnancy does not exceed twelve
weeks if such medical practitioner is,
or
(b) where the length of the pregnancy exceeds twelve weeks but
does not exceed twenty weeks, if not less than two registered
medical practitioners are.
Of opinion, formed in good faith, that,-
(i) the continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury physical or mental health ; or
(ii) there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormalities as to be seriously
handicapped.
Explanation 1.-Where any, pregnancy is alleged by the pregnant woman to have
been caused by rape, the anguish caused by such pregnancy shall be presumed to
constitute a grave injury to the mental health of the pregnant woman.
Explanation 2.-Where any pregnancy occurs as a result of failure of any device
or method used by any married woman or her husband for the purpose of
limiting the number of children, the anguish caused by such unwanted pregnancy
may be presumed to constitute a grave injury to the mental health of the pregnant
woman.
(3) In determining whether the continuance of pregnancy would involve such
risk of injury to the health as is mentioned in sub-section (2), account may be
taken of the pregnant woman's actual or reasonable foreseeable environment.
(4) (a) No pregnancy of a woman, who has not attained the age of eighteen
years, or, who, having attained the age of eighteen years, is a lunatic, shall be
terminated except with the consent in writing of her guardian.
(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated
except with the consent of the pregnant woman.

Therefore, according to your specific case, you can challenge the decision of "non registration" before the appropriate authority.
If you need any further assistance, you can contact me,

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