Consent of Pregnant Woman
The law states that a pregnant woman’s consent is mandatory for an abortion to be performed1. The woman can give consent through Form C of the Medical Termination of Pregnancy Rules, 2003. This form 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 for up to 10 years and a fine2.
Privacy of Pregnant Woman
A woman seeking an abortion can expect the authorities to protect her privacy3.
- If she has approached an authorized hospital or place for an abortion, to protect her privacy, her name will be entered into an Admission Register against a serial number. The hospital authorities cannot enter her name in any hospital case-sheet, operation theatre register, follow-up card or any other document or register other than the Admission Register. The woman can only be referred to by the serial number assigned in the Admission Register.
- The Admission Register is not open to inspection by any person other than the woman and a legal authority such as a Chief Medical Officer, District Health Officer, police etc.
The head of every hospital sends the Chief Medical Officer of the State a monthly statement of abortions done in the hospital4.0
- Section 4(b), The Medical Termination Of Pregnancy Act, 1971.
- Section 315, Indian Penal Code, 1860.
- Regulation 4, Medical Termination of Pregnancy Regulations, 2003.
- Regulation 4(5), Medical Termination of Pregnancy Regulations, 2003.