Law on Abortion in India Most Important USA Supreme Court Judgment on Abortion : Roe v. Wade 410 U.S. 113 (1973) Right to Privacy was broad enough to encompass a woman’s decision whether or not terminate her pregnancy. But the woman is not entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses. Need to balance woman’s right to privacy and state’s interest in protecting the live of the unborn child and the health of the mother. What is the law on Abortion in India? Under the IPC, 1860, Abortion was completely illegal. The Medical Termination of Pregnancy Act, 1971 Abortion can be done only till 20 weeks of pregnancy. A woman can abort till 20 weeks only on fulfillment of certain conditions. Condition (i) The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health. Condition (ii) 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. Where any, pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to
constitute a grave injury to the mental health of the pregnant woman. No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian. If the length of the pregnancy does not exceed 12 weeks then opinion (in good faith), is needed of one medical practitioner. If the length of the pregnancy is between 12 weeks to 20 weeks, then opinion (in good faith) is needed of two medical practitioners.