In India, the laws regarding abortion are governed by the Medical Termination of Pregnancy (MTP) Act, 1971, along with subsequent amendments. The MTP Act provides guidelines and regulations for the termination of pregnancy to protect the health and well-being of women.
Here are the key provisions and details of the abortion laws in India:
- Grounds for abortion:
Abortion is permitted in India under certain circumstances. These circumstances are divided into two categories: a. Up to 12 weeks of pregnancy: A woman can have an abortion up to 12 weeks of pregnancy for any reason. She does not require specific grounds or permission from any authority during this period. b. Between 12 and 20 weeks of pregnancy: Abortion can be performed between 12 and 20 weeks of pregnancy, but it requires the opinion of two registered medical practitioners. These practitioners must certify that the continuation of the pregnancy would pose a risk to the physical or mental health of the mother or if there is a substantial risk of the child being born with physical or mental abnormalities. - Beyond 20 weeks of pregnancy:
Abortion after 20 weeks of pregnancy is generally not allowed unless it is necessary to save the life of the pregnant woman. However, in cases where a severe fetal abnormality is detected, the Supreme Court of India has allowed exceptions to the 20-week limit. - Authorization for abortion:
The MTP Act requires that abortions must be performed by registered medical practitioners in government-approved facilities. The practitioners must have the necessary skills and training to conduct the procedure safely. - Consent and confidentiality:
Consent of the pregnant woman is mandatory for any abortion, regardless of the stage of pregnancy. For women under the age of 18, the consent of the guardian is required. The law emphasizes maintaining the confidentiality of the woman’s identity during the abortion process. - Place of abortion:
Abortions can be performed in government-approved hospitals or clinics that have the necessary infrastructure and facilities. These facilities must be registered under the MTP Act. - Medical termination of pregnancies by non-allopathic practitioners:
The MTP Act restricts the performance of abortions to registered medical practitioners. Non-allopathic practitioners are not authorized to perform abortions unless they are also registered as medical practitioners under the act. - Criminalization of unsafe abortions:
The MTP Act aims to prevent unsafe and illegal abortions. It penalizes unauthorized practitioners who perform abortions and those who assist in the termination of pregnancies illegally. - Sex-selective abortions:
Sex-selective abortions based on the gender of the fetus are strictly prohibited in India under the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act, 1994. This law aims to prevent female feticide and sex determination tests.
It is important to note that while the MTP Act governs the legal framework for abortion in India, the availability and accessibility of safe abortion services may vary across different regions and healthcare facilities. State-level regulations, policies, and the availability of trained medical professionals can influence access to safe and legal abortion services.