The Jammu and Kashmir Medical Termination of Pregnancy Act, 1974

(1) This Act may be called the Jammu and Kiaslhmir Medical Termination of Pregnancy Act, 1974. (2) It shall come into force on such date as the Government may by notification in the Government Gazehte appoint.

In this Act, unless the context other requires : - (a) "guardian" means a person having the are of the person of a minor or a lunatic; (b) "Lunatic" has the meaning assigned to it in the Lunacy Act, for the time being in force ; (c) "minor" means a person who under the provisions of the Majo~ty Ad, Sarnvat 1977 is to be deemed not to have attained h% majority ; (d) "rdgistered medioal practitioner" means a medical pmcti- tiner who possesses any recognised medical qualification as defined in clause Q of sedion 2 of the Indian Medical Council Act, W56 and whose n'ame pias b e d entered in a State Mdic?l Register and who t s such experience qr tra rring in gynaecology, and obstetrics as may be prescribed by rules under this Act.

(1) Notwithstanding anything contained in the State Ranbir Penal Code, Samvat 1989, a registered medical practitioner shall not be guilty of any offence undeir that Codd. or under any other law for the time being in force, if any pregnancy is ' mted by him in accordance with the provisions of this Act. (2) Subject to the provisions of sub-section (q), a pregnancy may be terminated by a regi~~tered medical practitioner,- (4) 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 could involve a risk to the life of 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 as to be seriously handicapped. Explanation I.-Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pre gnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Explanation 11.-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 un-wanted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. (3) Tn 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 woman's actual or reasonablv 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 d her guardian. (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated excebt with the consent of the pregnant woman.

No termination of pregnancy shall be made in accordance with this Act at any place other than- (a) a hospital established or maintained by the Govefament, or (b), a place for the time being approved for the purpose of this Act by the Government.

(1) The provtsions of section 4 and so much of the provisions of sub-section (2) of section 3 as relate to the length of the pregnancy and Ithe opinion of not less than two registered medical pra~titione~rs, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman. (2) Notwithstanding anything contained in the State Ranbir Penal Code, Samvat 1989, the termination of a pregnancy by a person who is not a registered medical praotitioner, shall be an offence punishable under that Code, and that Code shall. to this extent, stand modified. Explanation.-For the purposes of this se,ction so much of the provi~ions 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 alpply.

(1) The Government may, by notification in the Government Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules mav ~rovide for all or any of the following matters, namely :- (a) the experience or training, or both, which a registered medical practitioner <hall have if he intends to terminate any pregnancy under this Act. (b) the nroceilure in which opinion referred to in sub-section (2) of section 3. k to be certiiled by a registered medical pracstitioncr or practitioners and t.3e form, preservation or dkgmal of such caiti-acates ; (c) the manner in which i n b d i ~ n $ha3 be given by any PC*tered medical practitioner who terminates a pregnancy, of such termination and such other i n f o w l o n as may be specified ; (d) prohibition regarding the disclosure of information or inti-m8tisn ; (e) such other ma&ters as are required to be or m y be p o d & by rules made under this Act. (3). Any perscrr who wilfully contravenes ~ 1 . wLtfulTy f& $0 ply with the requiremezts d any rule male under su"b-section (I), s h d be liable te be punished with fine which may elPtead to ono thousand rupees. (4) Every rille made by the Government under thts Act , be !aid as soon as may be after it is made before eack House of the State Legislature while it is in session and 3, before the expify of the session in which it is also laid both Houses agree in making my rndiricxttiorx in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified dorm or be of no effect, as the case may k, so however, that my such mod@=cation or annulment shdl be without prejudice to thd vakEty of anything previow1-j done under that rule.

No suit or other legal proceeding shall lie against any registered medical practitioner for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.