In India, abortions are legal in certain situations, as abortion laws in India for unmarried girls, rape victims, and married women vary. With the rising crime rate in foeticides and infanticides, the abortion laws in India made it illegal to detect the sex of the fetus, thereby decreasing the rate of abortion. Legal or illegal, many people have asked questions about the abortion policy in India, to which you get answers here in our blog, elaborating on the rules for abortion in India.
The Medical Termination of Pregnancy (MTP) Act, 1971 in India, which is the law relating to abortion defines it as an untimely termination of the fetus. There is a specified legal time for abortion in India and when you don’t follow it, it’s a punishable offense.
When you terminate the pregnancy after the prescribed legal period for an abortion in India, it’s called foeticide. And when you terminate before that, it’s termed an abortion. India, however, has certain abortion laws that elaborate on the conditions like:
- The legal abortion time limit in India
- Explaining its legality in different scenarios
- Punishment for abortion in India
To start, let’s know the meaning of abortion as per the Abortion Law in India.
The term abortion refers to the deliberate medical termination of pregnancy in India, which can be done in two ways – medical or surgical.
- Medical Abortion: A woman who is less than seven weeks pregnant can undergo a medical abortion. This process involves terminating a pregnancy with the help of pills and medications. It is a non-surgical method that one must do under the supervision of a physician.
- Surgical Abortion: If a woman wishes to undergo an abortion beyond seven weeks of gestation, then one can perform a surgical abortion. These are much more effective than a medical abortion, with a lower risk of an incomplete procedure.
In this blog, we’ll answer many of your queries, how many months of abortion is possible in India, the legalities concerning it and what is the punishment for illegal abortion in India.
What are abortion laws in India?
While abortion rights in India have been subject to many debates and discussions, however, abortion of a fetus is still considered both inhumane and criminal. Various abortion laws govern the legality or illegality of abortion in India such as:
- Indian Penal Code – Till 1971, the Indian Penal Code (IPC) provided for the provisions of abortion in India. Legally, however, IPC does not provide for direct provisions related to abortion. But it does deal with miscarriage under sections 312 to 316 of the code.
- Medical Termination of Pregnancy Act – Also known as the abortion act in India. It deals with the provisions of abortion laws in India. The act provides that you may terminate a pregnancy until the first 12 weeks of it with the approval of a medical practitioner. For abortion between 12-20 weeks of pregnancy, you require the approval of two medical practitioners. The approval is mandatory to make sure that abortion taking place is under the laws in India or not. The act does not provide for sex-selective abortions.
When is abortion legal in India?
Well, the answer to the much-pondered question – “is abortion legal in India” is – Yes!
Abortion in India is legal under some circumstances and illegal in others. The abortion laws in India say that if the person getting an abortion is an adult, then you need no parental or spousal approval for it.
There is no legal age for abortion in India, however, the prescribed legal abortion weeks in India are up to 12 weeks. In the first 12 weeks of pregnancy, abortion is legal in India, if signed by a single medical practitioner. So till the first 12 weeks and not beyond 20 weeks of the pregnancy, you can proceed with the procedure, along with the signs of two registered medical practitioners.
Is Abortion Legal in India for Unmarried Girls?
With a rise in the number of pregnancies amongst unmarried girls, the abortion laws in India provide an answer to this question.
The abortion laws in India for unmarried girls state that the legal age of abortion is 18 years. A woman who is unmarried and over 18 years of age can provide her own written consent to get an abortion. Legal age if below 18 years, then you must have written consent. This consent has to come from her guardian along with a specific reason for the abortion of pregnancy.
The legal abortion period in India is 12 weeks of the fetus for any unmarried girl, by any registered medical practitioner. But, if a woman is mentally unstable, then there must be written consent from her guardian as per the MTP Act, 1971. In the absence of any of these conditions or permissions, abortion is illegal in India under this Act.
Is Abortion Legal in India for Rape Victims?
Rape is one of the worst crimes against women. It not only harms women physically but impacts them mentally and emotionally as well. The crime of rape when leaves the victim pregnant, it becomes unbearable for her. Also, she might not feel the motherly instincts of raising the child with love. Therefore, abortion is legal in India for rape victims. Here the rape victims can also file a petition directly before the High Court or Supreme Court for the termination of pregnancy and demand a legal abortion in India. Even if the pregnancy has lapsed 20 weeks of the legal abortion period.
In recent times, it has been that various petitions have been filed by rape victims between 10-16 years of age. Even certain petitions have got an allowance from the court, where it did not harm the health or life of the pregnant women. But where the health or life of the pregnant women was at stake, the court did not allow for the abortion procedure. If the act of ending the pregnancy is done in good faith. In believing to protect the life of the pregnant woman, then even if there is no actual danger or threat, the act of abortion is legal in India.
Who can perform an Abortion in India under the Law?
After clearing your confusion on whether “abortion is legal in India?” You need to know that there are abortion laws in India which need to be followed to perform it. Every medical institution that has the license to perform medically assisted abortions in India by the government must display an issuing certificate by the government as well.
The doctor needs to have one of the following qualifications to perform an abortion:
- A registered medical practitioner who has performed at least 25 medically assisted termination of pregnancy in India.
- A surgeon who has six months of experience in obstetrics and gynecology.
- A person who has a diploma or degree in obstetrics and gynecology.
- A doctor who has registered before the enactment of the MTP Act, 1971, and who has three years of experience in obstetrics and gynecology.
A doctor who has registered after 1971 and has been practicing obstetrics and gynecology for at least a year.
