Is Abortion Legal In India?

“My Body, My Choice!” Heard that phrase somewhere? Well, sure, you might have seen it in the headlines or heard people chanting in protests in the Western nations, but not in India. That’s because we have abortion rights for the women in the country. That’s why? And yes, in India, it is legal to have an abortion, but there are a few things you must keep in mind. Let’s just get to that.

Abortion Legal

What Are The Laws In Place For Abortion And Abortion Rights In India

In the Indian legal system, the Medical Termination of Pregnancy (MTP) Act is a crucial component and is one of the major laws governing abortion in India. Just to give you a good idea on this, you see, this specific law is kinda the guideline for the legalities of getting an abortion right here in India. One of the primary features is that abortion is legal in various situations such as those when the mother’s physical or mental health is in danger when a pregnancy is a result of rape or incest, or in cases of gross deformity of the fetus, you know? Also, if an unintended pregnancy occurs due to a medical failure, abortion is also permissible.

The MTP Act originally allowed abortion up to the 20-week mark. However, in 2021 certain amendments were made to the act that allowed abortion by those women who are beyond 20 weeks and the gestational limit has been increased to up to 24 weeks under specific conditions thus giving women more time to consider their decisions regarding their pregnancies. So, that’s the situation for now in India regarding Abortion and Abortion rights.

Who Can Get an Abortion? Let’s Break It Down

The law in India has outlined clear provisions in its favor which allow women who have been the victim of rape to get abortion services, thereby understanding how deeply traumatized these things can be for a woman. Nevertheless, young women who are victims of rape have little understanding of their legal methods and face many obstacles such as cultural stigma in getting safe and legal abortion services in the country, but this is perfectly legal.

On the other hand, women who are unmarried have the right to full abortion, especially if an accidental pregnancy arises from contraceptive failure, you know? The reformed MTP Act acknowledges that such unwanted pregnancies can happen, so a lady can even decide in her own likeness whether to abort or not. The only difference between the two is that if a minor wants to have an abortion, well, they’d need the approval of their guardian because with abortions, sure, there is a risk factor involved too.

Recent Changes: What’s New in the Legal Scene?

In 2021, for some cases, the time of legal abortion was extended to 24 weeks, a very huge step in the legal world that was progressively brought in from the law to help with women’s problems in the country. In addition, in 2022, the Supreme Court of India confirmed the right of single women to have abortions under the same conditions as married women, declaring the right of a woman to control her own body.

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