 bill no xxxv of 2002 the medical termination of pregnancy (amendment) bill, 2002 a billto amend the medical termination of pregnancy act, 1971be  it enacted by parliament in the fifty-third year of the republic of india as follows:—short title and commencement1 (1) this act may be called the medical termination of pregnancy (amendment)act, 20025(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint34 of 1971amendment of  section 22 in section 2 of the medical termination of pregnancy act, 1971 (hereinafter referredto as the principal act),—10(i) in clause (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;'153 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 substitutedamendment of  section 34 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 pregnancymay beterminated(a) a hospital established or maintained by government, or5(b) a place for the time being approved for the purpose of this act bygovernment 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:10 provided that the district level committee shall consist of not lessthan three and not more than five members including the chairperson as the government may specify from time to time5 in section 5 of the principal act,—amendment of section 515(a) for sub-section (2) and the explanation thereto, the following shall be substituted, namely:—45 of 186020"(2) notwithstanding anything contained in the indian penal code, the termination of pregnancy by a person who is not a registered medical practitioner 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 mentioned 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 years25(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 years30explanation 1—for the purposes of this section, the expression "owner"in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this act35explanation 2—for the purposes of this section, so much of the provisions 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" statement of objects and reasonsthe 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 mortality2 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 discriminatory 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 recommended certain amendments to the act3 accordingly, the medical termination of pregnancy (amendment) bill, 2002provides 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 pregnancy4 the bill seeks to achieve the above objectsnew delhi;c p thakurthe 13th april, 2002 annexure extracts from the medical termination of pregnancy act, 1971 (34 of 1971)    definitions2 in this act, unless the context otherwise requires,—(a) "guardian" means a person having the care of the person of a minor or a lunatic;4 of 1912(b) "lunatic" has the meaning assigned to it in section 3 of the indian lunacy act, 1912;    3 (1)     (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 guardianwhen pregnancies may be terminated by registered medical practitioners    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) a hospital established or maintained by government, or (b) a place for the time being approved for the purpose of this act by government5 (1)     45 of 1860sections 3 and 4 when not to apply(2) notwithstanding anything contained in the indian penal code, the termination of a pregnancy by a person who is not a registered medical practitioner, shall be an offence punishable under that code, and that code shall, to this extent, stand modifiedexplanation—for the purposes of this section, so much of the provisions of clause(d) of section 2 as relate to the possession, by a registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply     rajya sabha———— a bill to amend the medical termination of pregnancy act, 1971————(dr cp thakur, minister of health and family welfare)mgip(plu)mrnd—666rs—29042002