In India, abortions are legal in certain situations, as abortion laws in India for unmarried girls, rape victims and married women vary. With the rising crime rate in foeticides and infanticides, the abortion laws in India made it illegal to detect the sex of the foetus, thereby decreasing the rate of abortion.
It is possible for you to get an abortion under the Medical Termination of Pregnancy Act, 1971 if your pregnancy is under 20 weeks. However, it is subject to several conditions and your ability to get an abortion will depend on the opinion of the doctor. The law requires the doctor to assess if these conditions are fulfilled – only then are they legally allowed to perform an abortion. Conducting an abortion without fulfilling the conditions is considered a crime.
Despite almost 50 years of the incorporation of the MTP act and the vindication of women's right to abort, abortion still remains a hotly debated and taboo issue in India. The half-a-decade old law is probably the most liberal in the world but is still not free from fallacies.
The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial:
- If the pregnancy would be harmful to your life or physical or mental health. The doctor will need to consider your circumstances to figure out if the pregnancy will harm your mental health. They also need to look at your future (as a reasonable person would) to figure out the effects of the pregnancy.
- If there is good chance that the child would suffer from physical or mental abnormalities which would leave him or her seriously handicapped.
- If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
- If pregnancy is a result of sexual assault or rape