Intent of the Legislation

To put an end to unsafe practices of abortion and regulating the termination of pregnancies.

By Whom Pregnancy Can Be Terminated

Pregnancy under the act may be terminated by a registered medical practitioner.

Conditions Under Which Pregnancy Can Be Terminated

1. General Grounds (Up to 20 Weeks)

A single Registered Medical Practitioner (RMP) can approve a termination if they form an opinion in good faith that:

• The continuation of the pregnancy poses a risk to the pregnant woman's life
• Continuing the pregnancy could cause grave injury to her physical or mental health
• There is a substantial risk that the child, if born, would suffer from serious physical or mental abnormalities

2. Special Grounds (Up to 24 Weeks)

The permissible period extends to 24 weeks for specific categories of women, provided the opinion of at least two Registered Medical Practitioners is obtained. This applies to:

• Survivors of sexual assault, rape, or incest
• Minors
• Women who experience a change in marital status during the pregnancy (widowhood or divorce)
• Women with physical disabilities (as per the Rights of Persons with Disabilities Act, 2016)
• Women who are mentally ill, including those with mental retardation
• Cases of foetal malformation where there is a substantial risk of the foetus being incompatible with life or the child being seriously handicapped if born
• Women with pregnancies occurring in humanitarian settings, disasters, or emergencies as declared by the Government

3. Specific Presumptions and Provisions

• Contraceptive Failure: A pregnancy resulting from the failure of any contraceptive device or method used by the woman or her partner is a legal ground for termination
• Pregnancy due to Rape: The anguish caused by a pregnancy resulting from rape is legally presumed to constitute a "grave injury to the mental health" of the woman
• Beyond 24 Weeks (No Gestational Limit):
  • If a Medical Board diagnoses substantial foetal abnormalities (Section 3(2B))
  • If a registered medical practitioner, in good faith, deems the termination immediately necessary to save the woman's life (Section 5(1))