Is Abortion Legal in India?

The short answer to this much-debated question is yes; abortion is legal in India. Abortions have always remained stigmatised in India. By legalising abortions, the Indian abortion laws aim to decrease illegal abortion and maternal mortality. 

The MTP Act makes abortion legal before 20 weeks of pregnancy are complete. Furthermore, the MTP Act 2021 has made abortion legal up to 24 weeks for certain women, which include:

1. Sexual assault, incest, or rape survivors
2. Minors
3. Marital status changes during pregnancy (widow or divorcee)
4. Mentally ill women
5. Women with a physical disability (such as deafness)
6. Foetal abnormalities (such as Down’s syndrome)
7. Pregnant women in situations of disaster or humanitarian setting

The abortion laws govern the legality of abortions in India. These laws include:-

1. Indian Penal Code: The Indian Penal Code (IPC) deals with miscarriage under sections 312 to 316. It states when an abortion is illegal and a punishable offence under the law. According to the law, a person who voluntarily causes a woman with a child to miscarry without saving the woman’s life will be imprisoned for up to three years, punished with a fine, or both.  
2. Medical Termination of Pregnancy Act: The act deals with the provisions of abortion laws in India. According to the MTP Act 1971, a pregnancy can be terminated up to 20 weeks (about five months), provided it has a doctor's approval. A qualified doctor performs it at a recognised medical institution. The new Medical Termination of Pregnancy (Amendment) Act 2021 has increased the upper limit of pregnancy termination from 20 to 24 weeks for women with foetal abnormalities or rape victims. However, the act does not approve of sex-selective abortions.

As per the MTP Act, you can get an abortion up to the 20th week of pregnancy and up to the 24th week for specific categories of women. 

1. According to the Amendment Act of 2021, abortions performed up to 20 weeks of conception require the opinion of one registered medical practitioner. On the other hand, abortions performed between 20 to 24 weeks need the opinions of two registered medical practitioners. 
2. For an abortion after 24 weeks (approximately six months), a state-formed medical board decides if the pregnancy can be terminated due to substantial foetal abnormalities. The panel includes a Gynaecologist, Paediatrician, Radiologist, and other members of the state government advise. 

According to the law, abortion is legal in India in the following situations:

1. The pregnancy risks the woman’s physical or mental health
2. A pregnancy that can endanger the life of a woman with a severe disease
3. The foetus has a risk of physical or mental handicap
4. The foetus has RH disease (when the antibodies in the blood of a pregnant woman destroy the blood cells of the baby)
5. The woman contracts Rubella during the first three months of gestation
6. Radiation exposure of the foetus
7. A pregnancy resulting from rape
8. Failure of a contraceptive device
9. A socioeconomic status that may obstruct a healthy pregnancy

The MTP Act 1971 only applied to married women for contraceptive failure. However, with a rise in pregnancy amongst unmarried girls, the Indian abortion law now allows unmarried girls to terminate their pregnancy. Irrespective of marital status, the legal age of abortion in India is 18 years. An unmarried woman over 18 years can get an abortion with her written consent. On the other hand, an unmarried girl below 18 years (minor) must have written permission from her guardian along with the reason for pregnancy termination. 

The increasing number of abortion cases in unmarried girls calls attention to the need for sex education programs, improved and open communication between children and parents, and education for the male partner to have a more responsible perspective about female reproductive health.

Rape or sexual assault can harm a woman’s physical, mental, and emotional health. A pregnancy resulting from rape can become intolerable for the woman. Therefore, the abortion law in India makes the termination of pregnancy legal for rape survivors. A rape victim can legally abort the baby even after 20 weeks of gestation. 

The termination of pregnancy can be done in hospitals with a Government-issued license to perform medically assisted abortions in India. The doctor who performs the abortion must be qualified in one of the following:

1. A Registered Medical Practitioner (RMP) with an experience of at least 25 medically assisted abortions in India
2. A surgeon with six months of experience in Obstetrics and Gynaecology
3. A person with a degree or diploma in Obstetrics and Gynaecology

If the abortion does not fulfil the conditions directed by the abortion law in India, it is considered a crime. 

1. Voluntarily causing a miscarriage under 4 to 5 months: Unless the abortion is done in good faith to save the mother’s life, both the mother and the doctor will face a penalty of unlawful abortion up to three years imprisonment and a fine. 
2. Voluntarily causing a miscarriage over five months: If an abortion is performed when a woman is quick with the child (the foetus starts moving), the penalty increases. Unless committed to saving the mother’s life, the mother and doctor will be punished with seven years imprisonment and a fine. 
3. Abortion without the mother’s consent: If someone else forces the mother to have an abortion or performs one without her consent, such a person may face up to ten years imprisonment with a fine. While a woman does not need a spouse’s consent to undergo an abortion, the spouse cannot force the woman for an abortion. 
4. Abortion leading to death: If the mother dies due to an abortion performed by an unskilled doctor, the doctor may face up to ten years imprisonment and a fine. Furthermore, the doctor may face life imprisonment if the abortion is conducted without the mother’s consent. 

Even after legalising abortion in India, women still face social stigma regarding abortion decisions. Lack of social support is one of the top reasons for women opting for unsafe abortions. According to the State of the World Population Report 2022, unsafe abortions are India’s third leading cause of maternal mortality. Therefore, you must consult your healthcare professional and opt for a safe and legal abortion performed by a qualified doctor. 

You can contact an expert Gynaecologist at HexaHealth to discuss your queries and concerns regarding the abortion procedure. Our experienced doctors will help you with a safe abortion performed per Indian abortion laws.