The law originally allowed for abortion up to 12 weeks with the opinion of one doctor, and up to 20 weeks with the opinion of two doctors. However, amendments in 2021 expanded the provisions further:

Up to 24 Weeks: Abortions are now allowed up to 24 weeks of pregnancy in cases of substantial fetal abnormalities or when the pregnancy poses a risk to the woman's health, provided the decision is made by two qualified doctors.

For Vulnerable Groups: Adolescents and minors are allowed to access abortion up to 24 weeks, but they require the consent of a guardian.

Beyond 24 Weeks: In cases of severe fetal abnormalities or if the mother’s life is at risk, an abortion is permitted after 24 weeks, but it requires certification from a government-appointed medical board.

These changes reflect India's commitment to safeguarding women's rights and health, but practical challenges remain.

A critical aspect of the MTP Act is the woman’s consent. Abortion, in any situation, must be performed with the woman’s permission. This makes the law progressive compared to many other countries.

For minors or women who are unable to give informed consent, the consent of a guardian or legal representative is required.

Spousal or partner consent is not required under Indian law, which recognizes the woman’s autonomy over her reproductive decisions. Unfortunately, despite this, many women still face pressure from family members or partners, which complicates the issue.

Despite the legal framework, access to safe abortions remains a significant challenge in India. This paradox stems from various barriers, including lack of awareness, inadequate facilities, and cultural stigmas surrounding abortion.

Limited Awareness: A staggering number of women, particularly in rural areas, are unaware of their legal right to access abortion services. In a 2019 survey, less than 25% of young women in rural areas knew that abortion was a legal right in India.

Lack of Facilities: Even when women seek abortion services, they often encounter inadequate or poorly equipped healthcare facilities. A large percentage of women, especially in rural areas, are forced to resort to unsafe methods of abortion, increasing the risk of complications and mortality.

High Costs: Abortions, even in private hospitals, can be expensive. Rural and impoverished women are particularly disadvantaged, as they often do not have the financial resources to seek professional care.

Legal and Social Pressure: Even though the law is clear that only the woman’s consent is required, many women face societal pressure, particularly in conservative areas, to either keep the pregnancy or give consent under duress. This is compounded by the issue of sex-selective abortions, where women may be coerced into terminating pregnancies based on the gender of the fetus.

While the MTP Act offers a progressive legal framework for abortion, the practical realities are far more complicated. Around three out of four women seeking abortion in India do so outside of the legal framework. Many resort to unsafe methods, including self-administered medical abortions, because they lack access to approved medical centers.

The lack of access to safe abortion clinics is further compounded by long distances to facilities and the fear of legal and social repercussions, especially among unmarried women. Women in rural areas, where medical care is already scarce, often face the worst challenges in accessing safe, legal abortion services.

To bridge the gap between the law and practice, India needs to focus on:

Increasing Public Awareness: Women, especially in rural areas, must be made aware of their legal rights regarding abortion. Campaigns and outreach programs are needed to educate women about where and how they can access legal and safe abortion services.

Improving Healthcare Infrastructure: Ensuring that abortion services are available at public health centers and that healthcare providers are adequately trained to carry out these procedures safely is critical.

Reducing Stigma: Changing societal attitudes towards abortion and addressing the gender bias in medical care are essential to creating an environment where women feel empowered to make their own reproductive choices without fear of judgment.

Policy Changes for Adolescents: A clear policy must be in place to ensure that unmarried or young women can access abortion services without requiring guardian consent, which is a major barrier in some cases.

Unsafe abortions, typically performed without medical supervision, pose serious risks, including infection, heavy bleeding, and even death. It is crucial to seek professional healthcare for a safe and legal abortion.

India’s abortion law, though progressive, still faces significant challenges when it comes to real-world implementation. Legal rights alone cannot ensure the safety and well-being of women if access to services remains restricted or stigmatized. It is vital that we continue pushing for better access to healthcare facilities, more awareness about women’s rights, and a supportive environment that empowers women to make choices that are best for their health and future.

As a society, we must keep striving to make abortion not just a legal right, but an accessible and safe option for every woman, regardless of her location or social standing.