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Sunday, September 25, 2022

Is Abortion Legal in India For Unmarried

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Abortion In India

Pregnancy termination is permitted in India in specific circumstances since abortion regulations in India differ for single girls, victims of rape, and married women. With the growing rate of crime in foeticides and infanticides, India’s abortion laws made detecting the gender of the unborn unlawful, lowering the rate of abortion. 

Many individuals have posed concerns concerning India’s abortion policy, whether legal or illegal, to which we have provided responses in our blog, expanding on the laws for abortion in India.

In India, abortion is defined as premature termination of the unborn under the Medical Termination of Pregnancy (MTP) Act, 1971 (pdf). In India, there is a legal time limit for abortion, and failing to adhere to it is a serious act.

In India, foeticide occurs when a pregnancy is terminated after the legal deadline for abortion has passed. When you terminate before that, it is referred to as an abortion. India, on the other hand, has specific abortion regulations that focus on circumstances such as time restrictions for legal abortions, defining its legitimacy in various contexts, and the punishment for an illegal abortion.

Abortion for unmarried women in India

In India, an unmarried woman seeking an abortion faces several challenges. The first barrier is their incapacity to realize that they may be pregnant right away. The absence of broad information about reproduction wellness is to fault here. Additional reason unmarried women seek abortions so quickly is fear of society, societal duties, or insufficient support from their lovers and family.

Although abortion for unmarried women is permitted in India, abortion depending on the fetus’s gender is treated as a crime. It is prohibited to do any type of test to identify the gender of the fetus, per the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994. Anyone who seeks termination of pregnancy and the doctor who performs the abortion based on the fetus’s gender can face five to seven years in jail.

The Medical Termination of Pregnancy (Amendment) Bill, 2020 further acknowledges the right of unmarried women to get a legal abortion.

Unmarried Indian women have the legal right to medical abortion. Those under the age of 18 must, nevertheless, obtain permission from their parents. Unmarried women who are not married may obtain a legal abortion under the following conditions.

  • If the pregnancy resulted from a sexual attack, such as rape.
  • If the pregnancy is damaging to the mother’s or the child’s bodily or psychological wellbeing.
  • If there is a chance that the baby will have physical deformities after delivery.
  • If the pregnancy is the result of a failed contraception method.

The high incidence of abortions in India demonstrates the critical need for sex education programs, improved interaction among children and families, and awareness of male companions to foster a better and much more conscientious attitude toward female biological wellness.

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