A01, Marissa Rodrigues

Abortion laws in India

The abortion law that exists in India is called the “Medical Termination of Pregnancy
Act 1971”.
Before the enactment of MTP Act,1971, Medical termination of pregnancy was governed by
the IPC with Sections 312 to 318. These provisions aimed at Criminalise abortions, except
where the procedure was in good faith in order to save the woman's life.
In 1971, MTP Act enacted by Parliament to decriminalise abortion in certain defined
circumstances & under due supervision of registered medical practitioners. According to MTP
ACT,1971, a pregnancy could only be terminated U/S.3(2), if it didn't exceed 20 weeks. Also, a
pregnancy can be terminated on the opinion of one doctor if it's done within 12 weeks of
conception. And requirement of opinion of two doctors, if it's done between 12 to 20 weeks.
Abortion was permitted only when the continuation of the pregnancy would involve:
• a risk to the life of the pregnant woman, or
• Discovery of foetal abnormalities, or
• Immediate necessity to save the woman's life, or
• Cause grave injury to the woman mental / physical health including rape & failure to birth
control measure.
2021 Amendment in the Medical termination of Pregnancy Act passed by the parliament to meet
the needs of the changing times & advancement of medical science.

The Amendment of 2021, permit abortion with:

• With the assent of one medical practitioner for abortion within 12 weeks
• Opinion of two medical practitioners for abortion within 20 weeks
• Also allowed abortion upto 24 weeks for certain classes of women:

1. Due to change in marital status during the outgoing pregnancy

2. Survivors of rape & incest
3. Differently abled woman & minors
Also 2021 Amendment, replaced the word by any married woman or her husband with the
words Any woman or her partner bringing within the fold of the law pregnancies outside
marriage institution.

Abortion under IPC: it is a crime to get an abortion because you or your family do not
want a girl child. If you get an abortion after you know the sex of the foetus, you can
be punished with time up to three or seven years depending on the stage of
pregnancy. (Section 312 IPC 1860)
One could not get an abortion after 20 weeks, because in 1970, when the law was
made, the methods for doing abortions were very primitive--scraping, vacuuming and
so on. And if you did it after 20-24 weeks, there was a chance that the life of the
mother would be threatened because the procedure was very primitive and
dangerous.
 Medical abortion:
• MTP using Mifepristrone (RU 486) & Misoprostol approved for up to 7 weeks
termination
• Only an RMP (as defined by the MTP Act) can prescribe the drugs
Place for conducting MTP:
● A hospital established or maintained by Government
or
● A place approved for the purpose of this Act by a District-level Committee
constituted by the government with the CMHO as Chairperson

In conclusion, India's abortion laws have undergone significant changes since 1971.Despite
these advancements, challenges remain. Social s gma and lack of awareness can hinder access to
safe abor on services. Addi onally, sex-selec ve abor ons remain illegal.
Overall, the MTP Act has improved women's reproduc ve rights in India. However, ongoing e orts
are needed to ensure safe and legal abor on services are readily available for all women.
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