Law on Abortion in India: An Overview
Law on Abortion in India: An Overview
🔹 Governing Law: The Medical Termination of Pregnancy (MTP) Act, 1971
The MTP Act regulates the conditions under which a pregnancy may be legally terminated.
It aims to safe-guard women's reproductive rights while balancing ethical and social considerations.
🔹 Key Provisions of the MTP Act
Who can perform an abortion?
Only a registered medical practitioner is allowed to perform an abortion.
Up to 20 weeks of pregnancy:
Termination is allowed if:
The pregnancy poses a risk to the woman’s life or physical/mental health, or
There is a substantial risk that the child would be born with serious physical or mental abnormalities, or
Pregnancy is caused by rape or failure of contraception (for married women or their partners).
Between 20 to 24 weeks (extended by 2021 Amendment):
Termination allowed for special categories of women (rape survivors, minors, women with disabilities, etc.)
Requires opinion of two registered medical practitioners.
Beyond 24 weeks:
Abortion is allowed only if there is a substantial risk to the life of the pregnant woman or fetal abnormalities incompatible with life, approved by a Medical Board.
Consent:
Consent of the pregnant woman is mandatory.
For minors or mentally ill persons, consent of guardian is required.
Confidentiality:
The Act mandates confidentiality about the identity of the woman undergoing the procedure.
🔹 Recent Amendments (Medical Termination of Pregnancy (Amendment) Act, 2021):
Increased upper gestation limit from 20 to 24 weeks for certain categories of women.
Removed the requirement that only married women or their partners’ contraceptive failure justifies abortion.
Introduced the concept of a Medical Board to approve abortions beyond 24 weeks in exceptional cases.
Expanded definition of "woman" to include any person who may become pregnant (transgender men and others).
🔹 Important Supreme Court Judgments:
Suchita Srivastava v. Chandigarh Administration (2009): Affirmed a woman's right to make reproductive choices as part of her fundamental right to privacy.
Justice K.S. Puttaswamy v. Union of India (2017): Right to privacy includes reproductive choices.
Laxmi Mandal v. Deen Dayal Harinagar Hospital (2018): Emphasized doctors' duty to provide timely abortion services.
🔹 Abortion and the Constitution of India:
Linked to Right to Privacy (Article 21), Right to Life and Personal Liberty.
Also connected to gender equality (Article 14 & 15) and health rights.
🔹 Challenges and Issues:
Social stigma and lack of awareness limit access to safe abortion.
Many unsafe abortions still occur, risking women’s health.
Implementation gaps in rural and conservative areas.
Summary:
The MTP Act, supported by recent amendments and judicial interpretations, aims to provide safe, legal, and accessible abortion services while protecting women's rights. However, social attitudes and access barriers continue to pose challenges.
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