Abortion laws in India

Grounds for Medical Termination of Pregnancy or MTP

As a health measure where there is a danger to the life or risk to physical or mental health of a woman.

On humanitarian grounds such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman etc.

Eugenic grounds where there is substantial risk that the child, if born, would suffer from deformities and diseases.

Under the Act, a pregnancy may be terminated at a hospital established or maintained by the Government or at a place approved by the Government. A pregnancy may be terminated by a registered medical practitioner where the length of the pregnancy does not exceed twelve weeks.

To terminate a pregnancy, such medical practitioner must be of the opinion, formed in good faith, that the continuance of the pregnancy would involve a risk to the life of the pregnant woman or cause grave injury to her physical or mental health; or that there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

If any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the pregnant woman.

In all cases of termination of pregnancy, the consent of the pregnant woman has to be taken. However, in case the pregnant woman is below the age of eighteen, or who having reached the age of eighteen - is a lunatic, the written consent of her guardian is necessary.