Your Rights
Abortion and the law
Abortion is legal in India under specific conditions. The law allows abortion services to be provided by trained medical professionals in approved settings. The purpose of the law is to ensure access to safe care and protect the health, dignity, and privacy of the person seeking an abortion.
You do not need to justify your personal reasons for seeking an abortion. The decision is treated as a healthcare matter.
Who can access abortion services in India?
In India, abortion is legal under the Medical Termination of Pregnancy (MTP) Act. Any pregnant person, married or unmarried, can seek abortion care, provided the conditions laid down in the law are met. People who do not identify as women can also become pregnant and are equally entitled to access abortion services.
Access depends primarily on the length of the pregnancy (gestation) and the method of abortion, as outlined below:
- Up to 9 weeks: Abortion can be accessed through medical abortion (abortion pills) or surgical methods, as advised and prescribed by a registered doctor.
- Up to 20 weeks: Abortion is permitted with the opinion of one registered doctor. The method, medical or surgical, depends on gestation and clinical advice.
- Between 20 and 24 weeks: Abortion may be allowed in specific circumstances, such as for survivors of sexual violence, minors, or other vulnerable situations, with the opinion of two registered doctors.
- Beyond 24 weeks: Abortion is permitted only in exceptional cases, such as when it is necessary to save the pregnant person’s life or in cases of serious foetal abnormalities, as determined by a Medical Board.
Consent and confidentiality
Consent is central to abortion care.
- If you are 18 years or older: Only your written consent is required to access abortion services. No partner, spouse, or family member can legally consent on your behalf.
- If you are under 18 years: Consent from a parent or legal guardian is required under the law.
- If a person has a mental illness that affects decision-making capacity: Consent from a legal guardian may be required, as provided under applicable law.
- Beyond 24 weeks: Abortion is permitted only in exceptional cases, such as when it is necessary to save the pregnant person’s life or in cases of serious foetal abnormalities, as determined by a Medical Board.
You have the right to privacy when seeking abortion care.
- Healthcare providers are required to keep your identity, medical information, and abortion-related details confidential.
- Your information cannot be shared without your consent, except in situations where disclosure is required by law, such as mandatory reporting in cases involving minors.
If your rights are not respected
If you are denied care, pressured, judged, or have your privacy violated, you have the right to seek help. You can ask for clarification, request another provider, or reach out to trusted organisations for support.
