The decision to terminate a pregnancy is never an easy one but many a times it’s made out to be much harder than it should be. A friend of mine recently decided to get an abortion. Her mind was quite naturally filled with thoughts of her family, her toddler child and her own health and finances.
But what made her feel miserable was the enormous weight of the expectations that society was placing on her. The fear of not being able to ‘conform’ was clouding her already anxious mind.
It is saddening that even today there is a great deal of social stigma attached to the word ‘abortion’ throughout the world, including in our very own country. It is therefore imperative that women in India are aware of the abortion rights granted to them under the law.
The short answer to the question “Is it legal to get an abortion in India?” is “Yes, in specific conditions”.
Before we move on to the long answer, let’s first establish that:
- You do not require your husband’s or in-laws’ permission to get an abortion.
- The medical practitioner is barred from disclosing your name or other details to anyone. A medical practitioner who disobeys this provision is liable to be punished under the law.
- The law applies even if you are an unmarried woman.
- No one has a right to terminate your pregnancy without your consent.
With these in mind, let’s move on to the specifics.
So, where is the law on abortions laid out?
Abortions in India are governed by The Medical Termination of Pregnancy Act, 1971 and the Indian Penal Code, 1860.
What reasons are considered valid under the law to get an abortion?
Termination of a pregnancy is considered valid under the law if:
- The pregnancy poses a risk to the life of the pregnant woman.
- The pregnancy can cause a serious injury to the pregnant woman’s physical or mental health, including when the pregnant woman is likely to experience mental or emotional hardship if the pregnancy was continued.
- The pregnancy was unplanned, meaning that the pregnancy was caused by failure of contraceptives.
- It is alleged that the pregnancy was caused by rape.
Up to what point in the pregnancy can you get an abortion?
- Where the pregnancy is up to 20 weeks, an abortion can be obtained with the advice of one medical practitioner.
- Where the pregnancy is more than 20 weeks but not more than 24 weeks, an abortion can be obtained with the advice of two medical practitioners for certain category of women (as prescribed by the central government from time to time).
- Note that in the following two cases an abortion can be obtained at any time during the pregnancy:
- In case of foetal abnormalities (this will be diagnosed by a duly constituted medical board), or
- Where termination of the pregnancy is necessary to save the life of the pregnant woman.
It goes without saying that the concerned medical practitioners must be suitably qualified and registered.
Essentially, Indian laws provide women with an option to terminate their pregnancy where certain conditions are met. Abortion, however, remains a sensitive issue to discuss worldwide.
The issue of morality aside, every woman must be able to choose what is right for her health and body. More importantly, under the existing legal framework women must be able to freely and fearlessly assert their right to safe and legal abortions.
[Disclaimer: This post is an attempt to raise awareness of laws affecting Indian women. The post is only for general information and is not meant to substitute legal advice.]
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