Know The Abortion Laws In India

June 1, 2016
Abortion InformationNo Comments

As with any other law, the Medical Termination of Pregnancy Act has conditions that should be satisfied or met by the pregnant woman so as to permit an abortion procedure. Before deciding to have an abortion, it is important that women know what is stipulated by the law so as to ensure that they have met the minimum requirements that permit an abortion.

Below, are the general guidelines under which abortion is permitted, up to 20 weeks of pregnancy, in accordance with the MTP laws of India.  They are not to be taken as legal advice or as a substitute for legal advice, but as general guidelines only, which may change based on updates and changes in the prevalent law.  Absolutely no sex determination or sex selection abortion is permitted according to the law.

An abortion may be undertaken if:

  • The continuance of the pregnancy would be risky to the health of the pregnant woman and may cause physical or/and mental pain – This condition has to be ascertained by a qualified medical practitioner. A doctor has to approve that the health of the woman is at risk in case the pregnancy is allowed to develop. In case of pain caused by the pregnancy whether physical or mental or both, the pregnant woman will have sufficient grounds to seek for an abortion.
  • There is substantial evidence of risk that if the child would be born it would suffer serious physical or mental abnormalities that would make it handicapped – If there is sufficient evidence that the unborn child would suffer aggravated physical or mental abnormalities which may lead to deformities; then, the pregnant woman can seek abortion services.
    Pregnant women are always advised to go for medical check-ups and maternal clinic visits when they are pregnant. It is during these check-ups that women can identify problems with the unborn children and seek abortion services in good time.

The above two points are the main conditions or situations that would qualify a pregnant woman to have an abortion in Bangalore India. However, these are still very broad conditions and they could be further broken down into the following:

  • A pregnant woman may be allowed to have an abortion if she has a serious medical condition that does not enable her to carry a pregnancy or which endangers her life while carrying the pregnancy.In case the unborn child may be having a fatal medical condition that may endanger the life of the pregnant woman, then, the pregnant woman in question is eligible to have an abortion in India.
  • If the contraceptive device or methods used, whether natural or hormonal methods failed. There are quite a number of different methods that women use in order to avoid pregnancy. However, not all the available methods always work a hundred percent efficiently and occasionally women get pregnant unexpectedly and without intention. In case of a failed pregnancy prevention method that leads to an unwanted pregnancy, then the married woman can be granted an abortion when it is not more than twenty weeks old.
  • If the continuation of the pregnancy would result to a serious risk to the life of the unborn child or may lead to physical and mental disabilities, then, the pregnant woman may seek an abortion procedure.This mainly occurs when the health of the unborn child is not very good and hence continuation of the pregnancy is a big risk to both the pregnant woman and the unborn child. Sometimes the child may be born successfully but it may have serious disabilities both physically and mentally making it difficult for it to survive.
  • In case the pregnancy is a result of rape, the pregnant woman has legal grounds to seek an abortion. Rape is a criminal offence in India and any woman who suffers rape and it results in a pregnancy then the woman can automatically be offered an abortion.

When any of the above conditions have been met, a pregnant woman would be eligible to seek for abortion services in any of the licensed abortion clinics in India.

However, permission or consent may be required at the abortion hospitals in Bangalore before an abortion procedure is undertaken. In this case, consent may be granted by the following:

  • If the woman is married, her own written consent would be enough – In this case, the consent of the husband is not a requirement. The pregnant woman’s decision and written consent is sufficient to warrant an abortion in a licensed abortion clinic in India.
  • If a woman is mentally stable, then, a written consent from the guardian would be required – In case of mental illness, the person taking care of the pregnant but mentally ill woman would have to provide written consent for abortion procedures in Bangalore India. This is mainly because the mentally ill woman may be incapacitated to draft a consent letter by herself.
  • In case the woman is unmarried and under the age of 18, she must provide a written consent from the guardian – Any person under the age of 18 is essentially considered a minor and thus permission for abortion has to be granted by a guardian adult.