Is Abortion Illegal in India?
Legal Framework
Medical Termination of Pregnancy Act, 1971
The MTP Act permits abortion under certain circumstances to protect the health and well-being of the pregnant woman.
Abortion is allowed if the pregnancy does not exceed 20 weeks (extended to 24 weeks under the 2021 amendment for specific cases).
Grounds for abortion include:
Risk to the physical or mental health of the woman.
Substantial risk that the child would suffer from physical or mental abnormalities.
Pregnancy caused by rape or failure of contraceptive methods used by a married woman or her husband.
Abortions must be performed by a registered medical practitioner in approved facilities.
2021 Amendment Highlights
The upper limit for abortion has been extended from 20 to 24 weeks for specific categories of women such as survivors of rape, victims of incest, minors, and cases of fetal abnormalities.
For pregnancies beyond 24 weeks, abortion can be permitted with approval from a medical board in cases of substantial fetal abnormalities.
The amendment also aims to protect the confidentiality of the woman seeking abortion.
Key Case Laws
Gian Kaur v. State of Punjab (1996)
The Supreme Court held that the right to life under Article 21 of the Indian Constitution includes the right to live with dignity, but this does not extend to the right to abortion on demand.
The court clarified that the fetus' right to life is also protected, but the MTP Act allows abortion to balance the rights of the woman and the fetus.
The court upheld the constitutionality of the MTP Act.
Suchita Srivastava v. Chandigarh Administration (2009)
The Supreme Court recognized a woman’s right to make reproductive choices and held that forced pregnancy amounts to a violation of personal liberty under Article 21.
The case emphasized informed consent and protection of women's reproductive rights.
Devika Biswas v. Union of India (2021)
The Supreme Court underscored the importance of access to safe and legal abortion services.
The court directed the government to ensure that the amendments to the MTP Act and the related rules were widely disseminated and implemented.
Summary
Abortion is legal in India under regulated conditions.
It is allowed mainly to protect the physical and mental health of the woman, for pregnancies resulting from rape or contraceptive failure, and in cases of fetal abnormalities.
The law aims to balance the rights of the pregnant woman and the fetus.
Medical professionals must perform abortions within prescribed time limits and conditions.
Women have the right to informed consent and confidentiality regarding abortion.
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