Legal Status Of Abortion In India

Legal Status Of Abortion In India

Posted In: Criminal Law


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Legal Status Of Abortion In India

The Medical Termination of Pregnancy Act, 1971 in India,  is the law relating to abortion defines it as an untimely termination of the foetus. There a given legal time for abortion in India and one who don't follow it, it is a punishable offense.

Abortion in India is legal and might be performed until 24 weeks of pregnancy after MTP act amendment 2021 comes in force with notification of formation of MTP amendment 2021 rules and regulations. Until then, abortion law in India permit termination of pregnancy till 20 weeks.

In this blog, we will answer your queries like, till how many months abortion is possible in India, legalities concerning it and what is the punishment for illegal abortion in India.

What are abortion laws in India?

While abortion rights in India are subject to many debates and discussions, however, abortion of a foetus is considered both inhumane and criminal. There are various abortion laws that govern the legal or illegal abortion in India such as:

  • Indian Penal Code - IPC does not provide for direct provisions related to abortion. But it does deal with miscarriage under section 312 to 316 of the Indian Penal Code.
  • Medical Termination of Pregnancy Act - MTP Act deals with the provisions of abortion laws in India. The act provides that you may terminate a pregnancy until 24 weeks after the MTP act amendment 2021.

Is Abortion Legal In India?

Abortion in India is legal below some circumstances The abortion laws in India say that if the person getting an abortion is an adult, then you need no parental or spousal approval for it.

The abortion laws in India object is to reduce illegal abortion and maternal mortality. With an increase in the number of pregnancies amongst unmarried girls, the abortion laws in India provide an answer to this question.

A girl or woman who is unmarried and over 18 years of age can provide her own written consent to get an abortion. Legal age if below 18 years, must have written consent. This consent must be from her guardian along with a specific reason for the abortion of pregnancy.

Abortion is legal in India for rape victims. Rape victims can also file the suit directly before the High Court or Supreme Court for the termination of pregnancy and demanding a legal abortion in India. Even if the pregnancy has lapsed 24 weeks of the legal abortion period.

When is abortion illegal in India?

As IPC governs Indian abortion laws, Sections 312 to 316 of the Indian Penal Code 1860 states that causing a miscarriage of a pregnant woman is a crime under the Code and abortion is illegal and punishable under the law.

Also, any person who voluntarily causes a woman with miscarriage will be punished with imprisonment upto 3 years and fine. Especially, if such miscarriage is not caused in good faith for the purpose of saving the life of the girl or woman.

If child abortion in India happens with the woman when she  is quick with the child, then such a person will be punished with imprisonment of up to 7 years along with fine.

Even if a woman herself causes her miscarriage, then she will be liable under the law. A woman who causes herself to miscarry also comes under this provision.

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