How does the law protect the rights of the pregnant woman?

Consent of Pregnant Woman

The law states that a pregnant woman’s consent is mandatory for an abortion to be performed(( Section 4(b), The Medical Termination Of Pregnancy Act, 1971.)). The woman can give consent through Form C of the Medical Termination of Pregnancy Rules, 2003. This form is submitted to the registered medical practitioner conducting the abortion.

If anyone forces a pregnant woman to have an abortion or performs one without her consent, the punishment is jail time for up to 10 years and a fine¹

Privacy of Pregnant Woman

A woman seeking an abortion can expect the authorities to protect her privacy.

• If she has approached an authorized hospital or place for an abortion, to protect her privacy, her name will be entered into an Admission Register against a serial number. The hospital authorities cannot enter her name in any hospital case-sheet, operation theatre register, follow-up card or any other document or register other than the Admission Register. The woman can only be referred to by the serial number assigned in the Admission Register.
• The Admission Register is not open to inspection by any person other than the woman and a legal authority such as a Chief Medical Officer, District Health Officer, police etc.

The head of every hospital sends the Chief Medical Officer of the State a monthly statement of abortions done in the hospital(( Explanation 2 to Section 3(2), The Medical Termination Of Pregnancy Act, 1971.)).

1. Section 315, Indian Penal Code, 1860. [↩]