Right to Abortion in India – Legal Right to Terminate Pregnancy

Abortion in India is legal simplest up to 20 weeks of pregnancy under precise situations and situations that are extensively described as:

  • If the continuance of the pregnancy would contain a danger to the life of the pregnant woman or of grave damage of physical or mental health.
  • If there may be a chance that if the child had been born, it might be afflicted by such physical or mental abnormalities as to be seriously handicapped.

A woman has right to abort in following situations:

  • If the woman has a severe disorder and the pregnancy may want to endanger her physical/mental health
  • If the continuation of pregnancy should lead to significant threat to the newborn main to serious physical / intellectual handicaps
  • If the pregnancy is the end result of rape
  • If the socio-monetary repute of the mother hampers the progress of a healthful pregnancy and the delivery of a wholesome infant.
  • If the contraceptive tool no matter the method used (natural methods/ barrier methods/ hormonal strategies) failed

Requirement of Permission/Consent:

  • If a woman is married, her own written consent is sufficient. Her husband’s consent is not required
  • If a female is single and over 18, she will be able to offer her personal written consent
  • If a lady is unmarried and under 18, she ought to provide written consent from her mother or father/guardian
  • If a girl is mentally volatile, she ought to provide written consent from her dad or mum/guardian

Abortions may be carried out in any health center this is certified by means of the government to perform medically assisted terminations of being pregnant. Such establishments have to show a certificates issued via the authorities.

Abortions have to be completed via a doctor with one of the following qualifications:

  • A registered clinical practitioner who has achieved as a minimum 25 medically assisted terminations of being pregnant
  • A surgeon who has six months’ experience in obstetrics and gynecology
  • someone who has a diploma or degree in obstetrics and gynecology
  • A physician who turned into registered before the 1971 clinical Termination of being pregnant Act and who has three years’ revel in in obstetrics and gynecology
  • A health practitioner who registered after 1971 and has been practicing in obstetrics and gynecology for at the least a year


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