As controversy related to abortion rights erupts in the United States, here is all you need to know about the abortion laws in India.
Recently, a leaked draft suggested that the Supreme Court in the United States is planning to scrap the abortion rights of women in the country under certain conditions, reversing the significant judgment in the Roe v. Wade case, which took place nearly 50 years ago.
This has sparked a massive row about women’s rights and female reproductive health in the United States, prompting criticism from many political leaders. Amid this, many people have raised an important question – is abortion legal in India?
The answer to this question is ‘yes’. Abortion in India is legal under specific conditions, as per the Medical Termination of Pregnancy Act, which was established in 1971. Women in India have had the right to terminate a pregnancy under certain conditions for the last 50 years.
What is the MTP Act of 1971?
The Medical Termination of Pregnancy Act was established in 1971 to “provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto”, according to the Ministry of Health and Family Welfare.
It must be noted that abortion is only legal in India under certain conditions, which have been defined by the MTP Act 1971. First and foremost, abortion can only be performed until 24 weeks of pregnancy in India for some special cases, according to the MTP Amendment Act of 2021.
Earlier, only married women were allowed to get the pregnancy terminated, according to Indian law. After the amendments made in 2021, unmarried women can now seek safe abortion services on grounds of contraceptive failure.
The MTP Act also grants confidentiality to the person who is getting their pregnancy terminated. As per the law, the details of the woman whose pregnancy has been terminated to a person authorized by law, and any violations of this can be punishable by law.
Further, a woman can also get her pregnancy terminated if there is a major threat to her life due to childbirth or if the child may be born with or suffer from mental and physical abnormalities, which can have a substantial risk of being incompatible with life.
There are a few special cases where the gestation period defined for abortion has been extended from 20 weeks to 24 weeks. These special cases include –
- Survivors of sexual assault or rape or incest
- Minors
- Change of marital status during the pregnancy (widowhood and divorce)
- Women with physical disabilities
- Mentally ill women
- Women pregnant with a child that has fetal abnormalities that can have a substantial risk of being incompatible with life
- Women with pregnancy in humanitarian settings or disaster or emergency
All women seeking to terminate their pregnancy have a right to have access to a medical team consisting of a gynecologist, pediatrician, radiologist, and any other special medical practitioners required as per their individual requirements.
READ | US Supreme Court likely to scrap abortion rights, suggests leaked document
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