section 3
When pregnancies may be terminated by registered medical practitioners
The Jammu and Kashmir Medical Termination of Pregnancy Act, 1971Health19719 sections
Statutory text
- (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 orunder any other law for the time being in force, if any pregnancy is terminated byhim 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 practitioner 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 to her 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 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 resumed to constitute a grave injury to the mental health of the pregnant woman.
- (3) In determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in sub-section(2)account may be taken of the pregnant womens 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 clause (a), No pregnancy shall be terminated except with the consent of the pregnant woman.
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