section 3
When pregnancies may be terminated by registered medical practitioners
The Jammu and Kashmir Medical Termination of Pregnancy Act, 1974(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.
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