Doctor - Qualification

Qualification of Doctors:

According to the Act, 'a medical practitioner who possess any recognized medical qualification as defined in cl. (h) of Sec.2 of the Indian Medical Council Act, 1956 whose name has been entered in a state medical register and who has such experience or training in gynecology or obstetrics as may be prescribed by rules made under this Act is permitted to conduct the termination of pregnancy'. Allopathic doctors who are duly registered with the State Medical Council are authorized to do abortion. Other like homeopathic, ayurvedic, unani doctors and unqualified doctors like RMP, Quacks, et al are not entitled to perform abortion. Even among allopathic doctors, only those who satisfy one or the other of the following qualifications are eligible to do MTP. Once a doctor satisfies the require qualifications, he automatically becomes eligible to do abortions. He need not apply for eligibility to any authority. A doctor cannot refuse to do abortions on religious grounds. If he does so, his name is liable to be erased from the Medical Council. If he is a Govt. doctor, he is liable for departmental action.

Consent for Abortion:

Section 3(4) of MTPA clarifies as to whose consent would be necessary for termination of pregnancy.

• [a] No pregnancy of a woman, who has not attained the age of 18 years, or who having attained the age of 18 years, is a lunatic, shall be terminated except with the consent in writing of her guardian.
• [b] Save as otherwise provided in cl (a), no pregnancy shall be terminated except with the consent of the pregnant woman.

It is important to note, in this section, that the consent of the woman is the essential factor for termination of her pregnancy. The husband's consent is irrelevant. Therefore, if the woman wants an abortion but her husband's objects to it, the abortion can still be done. However, if the woman does not wants an abortion but her husband wants, it cannot be done. However, the consent of the guardians is needed in the case of minors or lunatics.

Where the pregnancy can be terminated:

Section 4 specifies the place where, under MTP, a pregnancy can be terminated. It stipulates that an operation must take place in either "a hospital established or maintained by the government" or in "a place which has been approved for the purpose of this Act by the government." However exceptions are made for emergencies. Under section 5(1), a doctor may terminate a pregnancy if it is "immediately necessary to save the life of the pregnant woman". In such situations, the requisites relating to the length of pregnancy, the need for two medical opinions and the venue for operation do not apply. However, it needs to be pointed out that one aspect of this emergency clause tends to restricts rather than liberalize the old law. Section 312 of the IPC permitted abortions by anyone with the object of saving the life of the mother, but under MTPA only a doctor can terminate the pregnancy.

Approval of a Place: No place shall be approved under Cl (b) of sec.4

• [1] Unless the Government is satisfied that termination of pregnancy may be done therein under safe and hygienic conditions.
• [2] Unless the following facilities are provided therein namely:
• i. An operation table and instruments for performing abdominal gynecological surgery
• ii. Anesthetic equipment, resuscitation equipment and sterilization equipment
• iii. Drugs and parental fluids for emergency use.

Thus, the oft-argued following justifications in favour of the permissive abortions are found in the Indian law.

• [1] Therapeutics: The old restrictive Indian abortion law has permitted abortion to save the life of the mother. In addition, the reformed law, as seen above allows abortions when the mother's life is not threatened, but when continued pregnancy will cause damage to her mental and physical health.
• [2] Eugenics: the basic of eugenic abortion is that there is a justification for abortion when it is known before birth that the child will be born mentally or physically deformed. The unborn child should be relieved of a life of misery.
• [3] Pregnancy caused by rape: the problem of a pregnancy caused by rape may effect the mental health of the mother. It is assumed that the victim mother does not want the child and does not want to bear the continuing result of a crime for which she was not culpable.
• [4] Social and economic considerations: A popular argument in favour of abortion is based on the absolute right of the woman to control the use of her body. She has a right to an abortion on demand to terminate any pregnancy, which she decides she does not want. Admittedly, the right to control the use of one's body is founded on ideas of liberty, and restrictions thereon may amount to an invasion of privacy.

In countries where abortion is legal, death rates are usually below 1 per 100,000 procedures. Abortion is a very safe operation if the operation is performed by skilled medical practitioners, having proper facilities and equipments. In developing countries like India with scarce medical resources treatment of complications of abortion often posses a heavy burden on the health cares system. According to recent estimates made by the World Health Organization, about one-quarter to one-third of maternal deaths are due to complications of (illegally) induced abortion. This can be prevented through offering easily accessible safe abortion services and through family planning services and education. Reliable statistics show that in many countries where abortion is legally available, the abortion rate is much lower than in countries where it is completely illegal.