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Abortion

    Home Topics Abortion

    How does this explainer help you?

    This explainer explains the conditions under which abortion is legally allowed, and the rights of women in cases of abortion. It explains the considerations that medical practitioners must look intowhile conducting or approving an abortion. The explainer also sets out the nature of the offences and punishments specified under the law. 

    What are the laws being discussed?

    The laws relating to abortion and sex selection are given in the The Medical Termination Of Pregnancy Act, 1971 and The Medical Termination Of Pregnancy Rules, 2003. These laws also apply to medical practitioners assisting people with these procedures.

    What is the law on abortion for rape survivors?

    By Sikha | 29 October, 2021

    The law provides that a pregnant woman may get an abortion if her pregnancy is a result of rape. The doctor has a legal duty to assume in such cases that the pregnancy gravely affects the woman’s mental health1. However, it has to be noted that even if the pregnancy is a result of rape,Read more

    0 comment | 1

    Who can perform abortions?

    By Sikha | 29 October, 2021

    Under the law, only a ‘Registered Medical Practitioner’ can perform the abortion procedure. For a doctor to be recognised as a registered medical practitioner, the following conditions must be fulfilled: They must possess recognised medical qualifications such as MBBS, MD, MS, etc. (A list of these qualifications can be found in the Schedule of theRead more

    0 comment | 1

    What are the Abortion Helplines?

    By Sikha | 29 October, 2021

    You can call a helpline to answer any queries regarding abortions and to understand where to get abortions as given below:   National Reproductive Health Helpline The Ministry of Health and Welfare has set up a helpline number called the National Reproductive Health Helpline. Call 1800116555 anytime between 9 am to 11 pm (Monday to Saturday).Read more

    0 comment | 2

    Who gives approval to places to carry out abortions?

    By Sikha | 29 October, 2021

    The District Level Committee is a body that has the power to approve certain places as being fit for carrying out abortions. The Committee must consist of 3-5 members. One member must be a gynaecologist, surgeon or an anaesthetist, and others must be from the medical field, non-governmental organisations, and the Panchayati Raj of theRead more

    0 comment | 1

    Who can you complain to regarding a grievance under the law?

    By Sikha | 29 October, 2021

    You can approach the police to make a complaint. You can get in touch with the police by dialing the helpline number 100. The police will record the information about the crime in the FIR (First Information Report).Read more

    0 comment | 1

    What are the offences and punishments under this law ?

    By Sikha | 29 October, 2021

    Offence  Punishment A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman consented to the procedure Jail time for up to 10 years, along with a fine1  A doctor causing the death of a pregnant woman through an illegal abortion procedure where the woman had not consented toRead more

    0 comment | 1

    What are the abortion records to be kept by hospitals and doctors?

    By Sikha | 29 October, 2021

    In every hospital, records of the abortion should be maintained in the following ways1: Doctor’s Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting theRead more

    0 comment | 1

    Where can an abortion be performed?

    By Sikha | 29 October, 2021

    Abortions can only be conducted at any of the following places approved by the government: Hospitals, either established or maintained by the government. Such places (private, public or other) that have been approved by the government or by a District Level Committee set up by this law.1 If the abortion is carried out in aRead more

    0 comment | 1

    Can a pregnant minor give consent for an abortion?

    By Sikha | 29 October, 2021

    If the person who needs an abortion is a minor, i.e. a person below 18 years of age, then the consent of her guardian is compulsory1. A guardian will be the parent or any person who takes care of her under the law. The doctor has a duty to make sure that the guardian’s consentRead more

    0 comment | 1

    What is abortion?

    By Sikha | 29 October, 2021

    Abortion refers to the termination of a pregnancy by a doctor. In India, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors that decide whether a woman can get an abortion, depends on the number of weeks of her pregnancy.Read more

    0 comment | 2

    Does a women suffering from mental illness have the right to get an abortion?

    By Sikha | 29 October, 2021

    If a woman suffering from mental illness wants to undergo an abortion, the law requires that the consent of her guardian (could be a parent or a spouse) should be taken1. This is not the same for a mentally retarded woman2. In cases of mental retardation a pregnant woman’s consent must be taken and noRead more

    0 comment | 1

    Is there a provision for emergency abortions in the law?

    By Sikha | 29 October, 2021

    If there is a need to conduct an immediate abortion to save a pregnant woman’s life, no matter how far along the pregnancy is, the doctor can conduct the abortion. This emergency abortion should be done by the doctor without any intention to cause harm and in good faith.1 Any registered medical practitioner can conductRead more

    0 comment | 1

    Can a married woman terminate an unwanted pregnancy?

    By Sikha | 29 October, 2021

    Yes. If a contraceptive device fails to work, and a married woman becomes pregnant as a result, it will be presumed that the pregnancy was unwanted and that the woman’s mental health will be affected if the pregnancy continues1. Therefore, before 20 weeks of the pregnancy, the doctor can perform the abortion if the womanRead more

    0 comment | 1

    How does the law protect the rights of the pregnant woman?

    By Sikha | 29 October, 2021

    Consent of Pregnant Woman The law states that a pregnant woman’s consent is mandatory for an abortion to be performed1. The woman can give consent through Form C of the Medical Termination of Pregnancy Rules, 2003. This form is submitted to the registered medical practitioner conducting the abortion. If anyone forces a pregnant woman toRead more

    0 comment | 1

    Can an Abortion be conducted after 20 weeks of Pregnancy?

    By Sikha | 29 October, 2021

    Except in case of emergeny abortions, the law does not state who can take a decision if an abortion is required after 20 weeks. Legally, doctors are not allowed to decide on this. So, the only recourse for a pregnant woman will be to approach the Courts allow the abortion. There are many cases whereRead more

    0 comment | 1

    When is an abortion legally allowed?

    By Sikha | 29 October, 2021

    Abortion is legally permitted only if the term of the pregnancy is not more than 20 weeks. However, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors who have to decide whether she can get an abortion depends on theRead more

    0 comment | 1

    Who does the law apply to?

    By Sikha | 29 October, 2021

    A pregnant woman can seek a legal abortion under two circumstances. First, to preserve the woman’s health, and second, in cases of fetal abnormality. However, in both these cases the doctor’s assessment for abortions is heavily relied on. Woman’s Health A doctor can perform an abortion only if in their medical opinion the abortion isRead more

    0 comment | 1
    Filter:AllUnanswered
    Can I get an abortion if I am in my second trimester of pregnancy?
    AvatarSikha answered 4 years ago • Abortion
    270 views1 answers0 votes
    I am in my first trimester of pregnancy. Can the doctor deny me an abortion?
    AvatarSikha answered 4 years ago • Abortion
    225 views1 answers0 votes
    Do I need my parent’s permission to get an abortion?
    AvatarSikha answered 4 years ago • Abortion
    227 views1 answers0 votes
    What kind of experience or training should a registered medical practitioner have in the field of OB-GYN have to be authorised to perform abortions?
    AvatarSikha answered 4 years ago • Abortion
    243 views1 answers0 votes
    Do I need my partner’s or husband’s permission to get an abortion?
    AvatarSikha answered 4 years ago • Abortion
    311 views1 answers0 votes
    Can I get leaves from my workplace if I had a miscarriage, abortion or a tubectomy operation?
    AvatarSikha answered 4 years ago • Abortion
    254 views1 answers0 votes
    Can an abortion be done in a private hospital?
    AvatarSikha answered 4 years ago • Abortion
    222 views1 answers0 votes
    Can doctors be held liable for acts of negligence while conducting an abortion?
    AvatarSikha answered 4 years ago • Abortion
    241 views1 answers0 votes
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    Nyaaya - India's Laws Explained
    • Explainers
      • Constitution
        • Fundamental Rights
          • Right to Education
          • Right to Life
          • Constitutional Remedies
      • Discrimination
        • Healthcare for LGBTQ+ Persons
        • Identification Proof for LGBTQ+ Persons
        • Manual Scavenging
        • Scheduled Caste & Scheduled Tribes
        • Violence Based on Gender Identity and Sexual Orientation
      • Family
        • Adoption
        • Care for Parents and Elderly
        • Child Marriage
        • Domestic Violence
      • Government and Politics
        • Unlawful Activities (Prevention) Act
        • 48 Hours Before Elections
        • Anti-Corruption
        • Armed Forces (Special Powers) Act
        • Campaigning and Elections
        • Identification Proof
        • Legal Aid
        • Right to Information
        • Sedition
        • Voting and Elections
      • Health and Environment
        • Water Pollution
        • Air Pollution
        • Abortion
        • Contraceptives
        • COVID-19
        • Drugs and Narcotics
        • Euthanasia
        • Mental Health
        • Noise Pollution
        • Patient Rights
        • Sex Selection
        • Smoking
      • Marriage and Divorce
        • Annulment of marriage
        • Christian Marriage
        • Divorce for Muslim Marriages
        • Divorce for Hindu Marriages
        • Dowry
        • Hindu Marriage
        • Inter-Religious Marriages
        • Muslim Marriage
      • Media and Communication
        • Censorship
        • Defamation
      • Money and Property
        • Land and Property Disputes
        • Using Your Property Effectively (Buying & Selling)
        • Consumer Rights
        • Cheques
        • Income Tax
        • Online Bank Fraud
        • Rent
        • Theft
        • Will
      • Police and Courts
        • Arrest
        • Bail
        • Children accused of Crime
        • Contempt of Court
        • First Information Report (FIR)
        • Traffic Fines
      • Violence and Abuse
        • Acid Attack
        • Online Abuse
        • Ragging
        • Rape
        • Sexual Abuse of Children
        • Sexual Crimes
      • Work and Employment
        • Child Labour
        • Employment Contract
        • Maternity Benefit
        • Professional Ethics
        • Sexual Harassment at the Workplace
        • Wages
    • Nyaaya Weekly
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    Nyaaya

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!

    Stay updated with Nyaaya, connect with us through a newsletter, whatsapp, and whatsapp हिंदी

    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!
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