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Does abortion have legal status in India? Is it legal? Read on….

Abortion rights are back in the spotlight, thanks in part to the controversy they sparked in the United States. According to a leaked draught of the US Supreme Court, the majority of the justices believe that the landmark Roe v Wade decision should be overturned. If this occurs, regulations governing women’s access to abortion in the United States may be rewritten. Thus, overturning Roe versus Wade has opponents in the United States. With all of the controversy in the United States. What about India, for example? Abortion is legal in India.

The short answer is that it is legal. Women can get an abortion before the 24th week of their pregnancy. The Medical Termination of Pregnancy Act of 1971 legalizes abortion. The legislation specifies the circumstances, time frame, and rules governing abortion. The statute makes abortion lawful in certain circumstances.

According to India’s Ministry of Health and Family Welfare, the Medical Termination of Pregnancy Act (1971) was enacted to ‘allow for the termination of certain pregnancies by registered Medical Practitioners and for issues connected with or incidental thereto’. The MTP statute specifies the circumstances under which abortion is permitted. Before 20 weeks, a pregnancy can be aborted based on the advice of one doctor. If pregnancy is to be terminated before 24 weeks, the opinions of two doctors are required.

If childbirth poses a significant risk to a woman’s life, she has the right to terminate the pregnancy. If it is discovered that the child will be born with significant physical or mental problems, a mother may choose to terminate the pregnancy. The identity of the lady having an abortion procedure must be kept private under the MTP statute. Under the following situations, the gestation period of 20 weeks can be prolonged to 24 weeks:

  • Victims of sexual assault, rape, or incest
  • Minors
  • Change in marital status when pregnant (widowhood and divorce)
  • Women with physical impairments
  • Women who are mentally sick
  • Women who are pregnant with a kid who has foetal anomalies have a significant chance of becoming incompatible with life.
  • Women who are pregnant in humanitarian, catastrophe, or emergency situations


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