The legal framework
The Medical Termination of Pregnancy Act 1971, substantially amended in 2021, permits abortion up to 20 weeks on the opinion of one registered medical practitioner, and up to 24 weeks for categories prescribed by the rules — including survivors of sexual assault, minors, women whose marital status changed during pregnancy, and women with disabilities. Beyond 24 weeks, a medical board decides in cases of substantial fetal abnormality.
Key points
| Up to 20 weeks | One registered medical practitioner's opinion |
|---|---|
| 20 to 24 weeks | Two practitioners, for prescribed categories |
| Beyond 24 weeks | Medical board, for substantial fetal abnormality; courts also hear individual petitions |
| Consent | Spousal consent is not required; the Supreme Court held in 2022 that unmarried women have the same rights |
| Minors | Guardian's consent required under the Act, and the child protection law creates a reporting duty that sits uneasily with confidentiality |
| Confidentiality | Protected by the Act; disclosure is an offence |
| Sex determination | Strictly prohibited under separate legislation |
| MTP Amendment 2021 | Extended the limit to 24 weeks for defined categories of women |
| Medical Board | Beyond 24 weeks, only for substantial foetal abnormality, on a board's opinion |
| Marital status | The Supreme Court held in 2022 that unmarried women fall within the same categories |
In practice
- Go to a registered provider — government hospitals, approved private facilities, or accredited clinics.
- Medical abortion pills are widely sold but must be used under supervision; incomplete abortion is a common complication.
- For survivors of assault, hospitals must provide care and cannot refuse.
- Ask for written documentation of the gestational age; it matters if a board decision becomes necessary.
- Take identity and any medical records to the first appointment: the category you fall into must be documented.
- If refused, ask for the refusal in writing — providers registered under the Act must record their reasons.
Cost and coverage
Free in government facilities; variable in the private sector.
Recent changes
The Supreme Court's 2022 judgment extending the 24-week category to unmarried women was a significant expansion, and courts continue to authorise later terminations case by case.
Where to go
- Government district hospitals and approved facilities.
- Family Planning Association of India clinics.
- Women's helpline 181 and childline 1098 for support.
Worth knowing
For a minor, the doctor is not obliged to reveal identity to the police under the child protection law when the relationship was consensual, following the Supreme Court's ruling — a point many providers still get wrong. Sex determination is a separate criminal offence, and clinics may appear reluctant for that reason. State clearly that you are not asking for it.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation