Article published by : Amar kumar on Sunday, October 17, 2021

Category : Womens Health

Laws Of Abortion In India


What is Abortion?
Abortion is a condition in which a women losses her baby without someone deliberately trying to terminate the pregnancy. Abortions are split into two categories I.e. Chemical Abortion and Surgical Abortion.

In Chemical Abortion, medication is taken by pregnant women to cause abortion.
In Surgical Abortion, when the foetus is unable to grow or dies inside without the body expelling it on its own, the products of conception are removed from the uterus through a surgical process.

MEDICAL TERMINATION OF PREGNANCY (MTP) AMENDMENT ACT, 1971

In 2021, there have been some changes made in the MTP act regarding the termination of a pregnancy. Now, it is possible for women to get an abortion under the MTP ACT, 2021 if the pregnancy is under 24 weeks. The beginning of an abortion is a sole decision of a doctor when it is causing serious harm to the expecting woman.

Under Law Section 3 of the MTP Act, 2021, A doctor is allowed to perform an abortion in the following critical circumstances-

When the pregnancy is harming the body of a woman, physically as well as mentally.
When there is a possibility of the unborn child suffering from physical and mental abnormalities that can provide him/her with nothing but a seriously handicapped life.

About the Law

The MTP Act, 1971 and the amendments that have been made in 2021 are applied to married as well as unmarried women. Although the gestational Age limit was 20 weeks for a growing foetus but over the few years, rape cases have increased enormously. Most of the victims are left with an unwanted pregnancy and some are forced to abort the child, both without the consent of the pregnant victim. The complexities of such cases under section 312( whoever voluntarily causes a woman with child to miscarry, shall, if such miss carriage be not caused in good faith to save the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both) are beyond one can imagine. Such cases brought the attention of the government to introduce a strong foundation of laws for abortions and miscarriages in our country.

Laws against Female foeticide (PCPNDT Act, 1994)

Female Foeticide is killing a girl child as a boy if more preferable for the family. In India, a female was seen as a burden financially whereas males were the income source of the family. By the early 1990s, ultrasound techniques were popular in India and the practice of female foeticide became easier. To oppose such heinous practices, the Preconception and Prenatal Diagnostic Techniques(PCPNDT) Act, 1994 was passed by the Indian government. This act was passed to remove the predominant preference of male children in India from its roots.

To Sum up this article,
There are differences of opinion on the termination of a pregnancy. Whether it is a choice of a pregnant woman and she can use her reproductive rights or the state has to protect a new life. In most countries, abortion is allowed with time limits and various conditions but in India, there has been a misuse of abortion. Gender Partiality, rape victims, unprotected intercourse has become common. To prevent such activities, the introduction of firm rules and regulations regarding abortion were highly necessary.


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Keywords: Womenhealth, Healthcare, Female Health



By: Amar kumar

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