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Abortion

This explainer discusses the right to abortion and conditions for abortion in Indian law. It primarily deals with the law laid out in the Medical Termination of Pregnancy Act, 1971.

What is abortion?
Who does this law apply to?
When is an abortion legally allowed?
Can an abortion be conducted after 20 weeks of pregnancy?
Who can perform abortions?
How does the law protect the rights of the pregnant woman?
Can a married woman terminate an unwanted pregnancy?
Is there a provision for emergency abortions in India?
Does a woman suffering from mental illness have the right to get an abortion?
What is the law on abortion for rape survivors?
Can a pregnant minor give consent for an abortion?
Where can an abortion be performed?
What are the abortion records to be kept by hospitals and doctors?
What are the offences and punishments under this law?
Who can you complain to regarding a grievance under the law?
Who gives approval to places to carry out abortions?
What are the Abortion Helplines?

FAQs

Can doctors be held liable for acts of negligence while conducting an abortion?

Yes, they can be liable for their acts of negligence. Under civil law, a patient can file a case against a doctor before a consumer court for deficiency in services. The case can be filed before the District, State or National Consumer Commission to receive compensation for the loss or injury suffered. The patient can also file a case before a civil court for damages/compensation. Under criminal law, a patient can file a criminal complaint citing gross negligence or hurt, for invoking punishment against a doctor in the form of imprisonment and fine. A doctor causing the death of a pregnant woman through an illegal abortion procedure can be punished with jail time up to 10 years, along with a fine.

Can an abortion be done in a private hospital

A private hospital can only perform abortions if it has been granted approval for the same by the government, or by a district level body called the District Level Committee.

Do I need my partner’s or husband’s permission to get an abortion?

You do not need to get your husband’s or partner’s consent to get an abortion under the law if you are above the age of 18. Some hospitals and clinics may insist on obtaining your husband’s permission, but this is not required by the law. However, if you are a minor (below the age of 18) you will need the permission of a guardian which may be a parent, some other relative, etc.

What kind of experience or training should a registered medical practitioner have in the field of OB-GYN have to be authorised to perform abortions?

For a registered medical practitioner to be authorised to conduct abortions, they must have the following training in the field of OB-GYN: For Doctors enrolled on the State Medical Register immediately before 10 August 1971:

They must have at least 3 years of OB GYN experience.

For Doctors enrolled on the State Medical Register after 10 August 1971: They must possess either of the following qualifications:

Must have completed six months of house surgery in OB-GYN; or
Must have experience in any hospital for at least one year in the practice of OB-GYN; or
Must have a postgraduate degree or diploma in OB-GYN; or
Must have assisted a Registered Medical Practitioner in the performance of 25 cases of MTP of which at least 5 have been performed independently in a hospital established or maintained by the Government or training institute approved by the Government for this purpose.

Do I need my parent’s permission to get an abortion?

If you are above 18 years, you do not need to get your parent’s permission under the law. You do not even need to tell your parents. Some hospitals and clinics do insist on obtaining your parent’s permission if you are unmarried. However, this is not required by the law.

I am in my first trimester of pregnancy. Can the doctor deny me an abortion?

The doctor has the right to not perform an abortion. If there is no harm to your life due to the pregnancy or if the fetus is healthy, the doctor can deny you an abortion.

Can I get an abortion if I am in my second trimester of pregnancy?

If you have been pregnant for less than 20 weeks, you can get an abortion if the doctor agrees that the required conditions have been fulfilled. At any point of time after 20 weeks, the doctor can perform an abortion only if it is immediately required to save your life.