Review of Laws and Legislative Measures Affecting Women
by National Commission for Women (NCW)

No. 11. The Medical Termination of Pregnancy Act, 1971


Suggested Amendments by NCW

1. Section 2, clause ( a ) should be revised to broaden the definition of guardian to include an individual having the care of the person of a ) a minor women, or b) a women of unsound mind.

2. In Section 2, clause ( b ) of the Act, the definition of 'lunatic' should be deleted.

3. Section 3, clause ( 2 ) , Explanation 1, of the Act should be amended to include offences under sections 376A to 376D of IPC as within its scope.

4. Section 3, clause ( 4 ) of the Act should be revised so as to make it clear that the consent of the women concerned, must be obtained in every case.

5. Section 5, clause ( 2 ) of the Act should be amended so as to indicate clearly which particular offence is constituted if a person who is not a registered medical practitioner performs abortion.

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