Abortion in India is legal as per the Medical Termination of Pregnancy (MTP) Act passed in 1971. The Act allows termination of pregnancy up to 20 weeks for a broad range of indications. The MTP Act was amended in December 2002, and the Rules, in June 2003.

The MTP Act requires only the consent of the woman for an abortion (if she is of sound mind and not a minor). Spousal or any other consent is not required.

However, in the case of a minor who has not completed the age of 18 years or a mentally ill woman, the consent of the guardian is required.

Body

You may incorporate some of the following points in the body of your answer:

It was introduced to “liberalise” access to abortion since the restrictive criminal provision was leading to women using unsafe and dangerous methods for the termination of pregnancy.

The act allowed termination of pregnancy by a medical practitioner in two stages:

For termination of pregnancy up to 12 weeks from conception, the opinion of one doctor was required.

For pregnancies between 12 and 20 weeks old, the opinion of two doctors was required.

In 2021, Parliament amended the law and allowed for a termination under the opinion of one doctor for pregnancies up to 20 weeks. For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.

The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of subsection (2) Section 3 of the Act, for a period of up to twenty-four weeks, namely:

(a) survivors of sexual assault or rape or incest;

(b) minors;

(c) change of marital status during the ongoing pregnancy (widowhood and divorce);

(d) women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016

(e) mentally ill women including mental retardation;

(f) the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped; and

(g) women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.

Indian Penal Code, 1860

Section 312 of the Indian Penal Code, 1860, criminalises voluntarily “causing miscarriage” even when the miscarriage is with the pregnant woman’s consent, except when the miscarriage is caused to save the woman’s life. This means that the woman herself, or anyone else including a medical practitioner, could be prosecuted for an abortion.

UNFPA

According to the United Nations Population Fund (UNFPA)’s State of the World Population Report 2022. Between 2007-2011, 67 per cent of abortions in India were classified as unsafe.

Supreme Court Judgement

The Supreme Court said it is unconstitutional to distinguish between married and unmarried women for allowing termination of pregnancy on certain exceptional grounds when the foetus is between 20-24 weeks.

Conclusion

Your conclusion should be short and should end on a positive note.

The report released by United Nations Population Fund (UNFPA) states that both the Medical Termination of Pregnancy Act of 1971, and the Medical Termination of Pregnancy (Amendment) Act 2021, which expands the scope of the Act and provides impetus for safer abortions, are progressive and encouraging.

The MTP Act is a provider protection law, that seeks to shield the Registered Medical Practitioner (RMP) from criminal liability, and as such it does not centre the pregnant woman’s needs, reproductive autonomy, and agency.

Other Points to Consider

What are the conditions required to be fulfilled in order to obtain an abortion?

Recent amendments in the Act