category

If you seek the help of a doctor to perform a sex selection procedure or even to find out the sex of the unborn child s you will be punished with jail time for up to 3 years, along with a fine up to Rs. 50,000. For second and subsequent convictions, the punishment is jailRead more

It is a crime to conduct any kind of test or procedure for selecting the sex of the foetus. By way of this procedure if you try and make sure the foetus is of a particular sex or to check the sex of the foetus, you will be punished with jail time for up toRead more

With the development of pre-natal diagnostic techniques in the 1990s, finding out the sex of an unborn child become very common. This led to an increase in the cases of female foeticide and infanticide. To address this problem, Indian law banned the use of such techniques and procedures that identify the sex of the unbornRead more

As a woman seeking an abortion, you can expect the authorities to deal with you in a manner that protects your privacy. If you have approached an authorized hospital or place for an abortion, to protect your privacy your name will be entered into an Admission Register against a serial number. The hospital authorities cannotRead more

In every hospital, records of the abortion should be maintained in the following ways: Doctors Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting theRead more

Foeticide Foeticide is the crime of killing a foetus before it is born. Before 20 weeks If someone forces a woman to abort her child before 20 weeks and does the same without the doctor’s approval then it is a crime under Indian criminal law. After 20 weeks If anyone aborts a child after 20Read more

If an illegal abortion procedure causes the death of a pregnant woman, the doctor who conducted the operation can be punished with jail time for up to 10 years, along with a fine. If this abortion was conducted without the permission of the pregnant woman, the punishment is up to life imprisonment.Read more

If the person who needs an abortion is a minor, i.e. a person below 18 years of age, then the consent of her guardian is compulsory. A guardian will be the parent or any person who takes care of her under the law. The doctor has a duty to make sure that the guardian’s consentRead more

The law provides certain specific accommodations for rape survivors accessing abortions. A pregnant woman may get an abortion if her pregnancy is a result of rape or sexual assault. The doctor has a legal duty to assume in such cases that the pregnancy gravely affects the woman’s mental health. However, it has to be notedRead more

If a woman suffering from mental illness wants to undergo an abortion, the law requires that the consent of her guardian should be taken. This is not the same for a mentally retarded woman. In cases of mentally retarded pregnant women, their consent is should be taken. No other person can take the decision ofRead more

If there is a need to conduct an immediate abortion to save a pregnant woman’s life, no matter how far along the pregnancy is, the doctor can conduct the abortion. This emergency abortion should be done by the doctor without any intention to cause any harm. Any registered medical practitioner can conduct the abortion, evenRead more

When there has been a failure of contraceptive devices, and a married woman becomes pregnant, it will be presumed that the pregnancy was unwanted and that the woman’s mental health will be affected if the pregnancy continues. Therefore, the doctor can perform the abortion if the pregnancy is below 20 weeks if the woman soRead more

The law is silent on who can take a call in an instance of a requirement of an abortion after 20 weeks. Legally, doctors are not allowed to take a call on this. Therefore, your only recourse will be to approach the Courts to allow you to have an abortion. Many cases have gone toRead more

In the event an abortion is requested, there are two circumstances in which an abortion can be legally allowed, i.e woman’s health or in cases of fetal abnormality. However, both these cases the doctor/s assessment for abortions is heavily relied on. Woman’s Health Certain conditions need to be fulfilled before a doctor can perform anRead more

To consider getting an abortion your pregnancy should be below 20 weeks. However, you cannot get an abortion if a doctor is not satisfied that you meet the conditions for it. The number of doctors who have to take a call on whether you can get an abortion depends on the number of weeks ofRead more

Abortions can only be conducted at any of the following places approved by the government: Hospitals, either established or maintained by the government.Such places (private, public or other) that have been approved by the government or by a District Level Committee set up by this law. If the abortion is carried out in a placeRead more

Under the law, only a ‘Registered Medical Practitioner’ can perform the abortion procedure. For a doctor to be recognised as a registered medical practitioner, the following conditions must be fulfilled: They must possess recognised medical qualifications such as MBBS, MD, MS, etc. (A list of these qualifications can be found in the Schedule of theRead more

A woman should give her consent to the abortion. She can do so through Form C of the Medical Termination of Pregnancy Rules, 2003 which is submitted to the registered medical practitioner conducting the abortion. If anyone forces a pregnant woman to have an abortion or performs one without her consent, the punishment is jail time forRead more

You can call a helpline to answer any queries regarding abortion laws and access to abortion applicable in your case in the following manner: National Reproductive Health Helpline The Ministry of Health and Welfare has set up a helpline number called the National Reproductive Health Helpline. Call 1800116555 anytime between 9 am to 11 pm (Monday toRead more