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Where can an abortion be performed?

Last updated on Jun 16, 2022

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 law1.

If the abortion is carried out in a place that is not authorised by the government, then the doctor performing such abortion along with the owner or in-charge of that hospital can be punished with rigorous jail time between 2 and 7 years.

To ensure safe and legal abortions, it is necessary to confirm with the doctor and the hospital/place whether they have the necessary permits.

  1. Section 4, 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.