How does the law protect the rights of the pregnant woman?

Last updated on Jun 16, 2022

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 fine 2

Privacy of Pregnant Woman

A woman seeking an abortion can expect the authorities to protect her privacy.

  • 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 hospital3.

  1. Section 4(b), The Medical Termination Of Pregnancy Act, 1971.[]
  2. Section 315, Indian Penal Code, 1860.[]

  3. Explanation 2 to Section 3(2), The Medical Termination Of Pregnancy Act, 1971.[]

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Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Who does this law apply to?

A pregnant woman can seek a legal abortion under two circumstances - to safeguard her health and in case of fetal abnormality.

What are the abortion records to be kept by hospitals and doctors?

By way of records of an abortion, hospitals must maintain the doctor's opinion, the consent form of the patient and admission registers

Can a married woman terminate an unwanted pregnancy?

Within 20 weeks of the pregnancy, the doctor can perform the abortion if the married woman desires and is necessary for her mental health.

Does a woman suffering from mental illness have the right to get an abortion?

Consent of a guardian is necessary to perform abortion on a woman suffering from any mental illness under the MTP Act 1971.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.