Theme: Abortion

What are the abortion records to be kept by hospitals and doctors?

In every hospital, records of the abortion should be maintained in the following ways(( Regulations 4 and 5, Medical Termination of Pregnancy Regulations, 2003.)):

  • Doctor’s Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting the abortion, they have to certify it by filling Form 1 of the Medical Termination of Pregnancy Regulations, 2003.
  • Consent Form : The consent form to go ahead with the abortion has to be filled by the pregnant woman who is undergoing the abortion. The consent form is given in Form C of the Medical Termination of Pregnancy Rules, 2003.

Admission Registers: An admission register is maintained by the head of the hospital or the owner of the place approved for conducting abortion where the details of the women undergoing abortion are maintained. The Admission Register is a confidential document. These hospital records of abortions are routinely sent to the Chief Medical Officer of the State and the register is not kept open for any inspections keeping in mind the privacy of the woman.

What are the offences and punishments under this law?

Offence 

Punishment
A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman consented to the procedure Jail time for up to 10 years, along with a fine((

Section 316, Indian Penal Code, 1860.))
A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman had not consented to the procedure Jail time between 10 years and life imprisonment, along with a fine1
Abortion carried out by a person who is not a registered medical practitioner Rigorous jail time between 2 and 7 years
Anyone forcing a pregnant woman to have an abortion or performing one without her consent Jail time for up to 10 years and/or a fine2
Doctor performing an abortion in a place that is not authorised by the government Rigorous jail time between 2 and 7 years for the doctor and the owner or in-charge of that hospital
  1. Section 314, Indian Penal Code, 1860. [↩]

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

Who gives approval to places to carry out abortions?

The District Level Committee is a body that has the power to approve certain places as being fit for carrying out abortions. The Committee must consist of 3-5 members. One member must be a gynaecologist, surgeon or an anaesthetist, and others must be from the medical field, non-governmental organisations, and the Panchayati Raj of the District. At least one of these members must be a woman. The committee has a two-year tenure((

Rule 3, Medical Termination of Pregnancy Rules, 2003.)).

An application should be given to the Chief Medical Officer of the district. They have the power to verify information given in the application and conduct inspections (within two months of receipt of the application). Then, they will recommend the approval of the application to the committee, who can choose to approve or reject the same. In case of an approval, a certificate is issued, which must be displayed in the place mentioned in the application where abortions will be conducted((

Rule 5, Medical Termination of Pregnancy Rules, 2003.)).

What are the Abortion Helplines?

You can call a helpline to answer any queries regarding abortions and to understand where to get abortions as given below:

National Reproductive Health Helpline

The Ministry of Health and Welfare has set up a helpline number called the National Reproductive Health Helpline.

Call 1800116555 anytime between 9 am to 11 pm (Monday to Saturday).

This number is a toll-free number which offers only guidance to those who are considering abortion. You should give the following details when calling the helpline number:

  • Age
  • Location
  • Health status
  • Duration of the pregnancy.