Country or Region | |
---|---|
India |
No
Read more On requestNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
---|---|---|---|---|---|---|---|---|---|---|
India |
Economic or social reasonsNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Foetal impairmentYes Gestational limit
The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
RapeNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Additional notesAccording to the 2021 Act, where the length of the pregnancy exceeds twenty weeks but does not exceed twenty-four weeks and if not less than two registered medical practitioners are of the opinion formed in good faith, And for the purpose of clause (b), For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
IncestNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
Additional notesThe Comprehensive Abortion Care Service Delivery Guidelines state that: a pregnancy can be terminated by a registered medical practitioner (under the MTP Act) if: l The continuation of pregnancy involves a risk to the life of the pregnant woman or causes grave injury to her physical or mental health. The anguish caused by the unwanted pregnancy in the following situations is presumed to cause grave injury to the mental health of the pregnant woman, including in cases of rape or incest. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Intellectual or cognitive disability of the womanNo Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. |
Mental healthYes Gestational limit
The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesAccording to the 2021 Act, where where the length of the pregnancy does not exceed twenty weeks and where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. And for the purpose of clause (b), For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Physical healthYes Gestational limit
The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
HealthNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
|
LifeYes Gestational limit
The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
OtherThe anguish caused by the unwanted pregnancy in the following situations is presumed to cause grave injury to the mental health of the pregnant woman where there has been failure of any device or method used by a married woman or her husband for the purpose of limiting the number of children. Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
India |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesAccording to the 2021 Act, two registered medical practitioners are required for abortions where the length of the pregnancy exceeds 20 weeks but does not exceed 24 weeks. Where termination is necessitated by the diagnosis of any of the substantial foetal abnormalities, this must be diagnosed by a Medical Board to include: a Gynaecologist; a Paediatrician; a Radiologist or Sonologist; and such other number of members as may be notified in the Official Gazette by the State Government or Union territory, as the case may be. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Authorization in specially licensed facilities onlyYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
|
Judicial authorization in cases of rapeNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesThe guidelines and protocols on medico-legal care for survivors/victims of sexual violence state: “Sexual assault victims cannot be denied treatment in either of these hospitals when they approach them as denial has lately been made a cognizable criminal offence punishable with appropriate jail terms or fines or both. As is known rape law has been made more stringent with zero tolerance for offenders and through these guidelines the aim is to ensure a sensitive and humane approach to such victims, their proper treatment apart from attending or treating doctors responsibility and duty in recording and documenting the medical aspects in order that such cases when they come up before the criminal justice system are not found wanting in the quality of evidence produced by the prosecution during trial.” The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Police report required in case of rapeNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
Additional notesThe guidelines and protocols on medico-legal care for survivors/victims of sexual violence state: “Sexual assault victims cannot be denied treatment in either of these hospitals when they approach them as denial has lately been made a cognizable criminal offence punishable with appropriate jail terms or fines or both. As is known rape law has been made more stringent with zero tolerance for offenders and through these guidelines the aim is to ensure a sensitive and humane approach to such victims, their proper treatment apart from attending or treating doctors responsibility and duty in recording and documenting the medical aspects in order that such cases when they come up before the criminal justice system are not found wanting in the quality of evidence produced by the prosecution during trial.” The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Parental consent required for minorsYes Can another adult consent in place of a parent?Yes The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Age where consent not needed
The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
Spousal consentNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe 2018 Comprehensive Abortion Care Service Delivery Guidelines specifically state that “Only the consent of the woman is required to terminate the pregnancy." The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
|
Compulsory counsellingNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
|
![]() Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
![]() Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Prohibition of sex-selective abortionYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
|
![]() Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
|
Restrictions on methods to detect sex of the foetusYes List of restrictions“No person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid orgametes derived from either or both of them. Prohibition on sale of ultrasound machines, etc., to persons, laboratories, clinics, etc. not registered under the Act- No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.” WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
|
Other |
Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
---|---|---|---|---|---|---|---|---|---|---|---|
India |
National guidelines for induced abortionYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Methods allowedVacuum aspirationYes (12 WEEKS) The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Dilatation and evacuationYes (20 WEEKS) The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Combination mifepristone-misoprostolYes (63 DAYS 9 WEEKS) Medical Abortion by MTP Act is legal up to 49 days. However, Comprehensive Abortion Care Guidelines have a footnote indicating that it is safe up to 63 days. Combi-pack (1 tablet of mifepristone 200mg & 4 tablets of misoprostol 200mcg) has been approved by Central Drugs Standard Control Organisation for up to 63 days gestation in December 2008. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Misoprostol onlyNot specified Other (where provided)Extra-amniotic instillation (20 WEEKS) The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
|
Country recognized approval (mifepristone / mife-misoprostol)Yes Related documents:Pharmacy selling or distributionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
|
Country recognized approval (misoprostol)Yes, for gynaecological indications Misoprostol allowed to be sold or distributed by pharmacies or drug storesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
|
Where can abortion services be providedPrimary health-care centresYes According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Secondary (district-level) health-care facilitiesYes The Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. Specialized abortion care public facilitiesNot specified According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments.
Private health-care centres or clinicsYes According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. NGO health-care centres or clinicsNot specified According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments.
Other (if applicable)A place for the time being approved for the purpose of this Act by Government or a District Level Committee constituted by that Government with the Chief Medical officer or District. Health officer as the Chairperson of the said Committee. In case of termination of early pregnancy up to seven weeks using a combination of mifepristone with misoprostol, the RMP can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancy under the MTP Act. In case of an emergency; any pregnancy may be terminated by an RMP to save the life of the woman at an unapproved place. According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
National guidelines for post-abortion careYes, guidelines issued by the government WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Where can post abortion care services be providedPrimary health-care centresNot specified Secondary (district-level) health-care facilitiesNot specified Specialized abortion care public facilitiesNot specified Private health-care centres or clinicsNot specified NGO health-care centres or clinicsNot specified WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
|
Contraception included in post-abortion careYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
Additional notesThe Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
No data
Insurance to offset end user costsNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
|
Who can provide abortion servicesNurseNot specified According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be provided by a registered medical practitioner who possesses a recognised medical qualification as defined in the Indian Medical Council Act, 1956; whose name has been entered in a state medical register; and who has such experience or training in gynaecology and obstetrics as prescribed by the MTP Rules made under this Act can provide abortion service. The Rules further prescribe that only those with the following experience or training can perform MTPs: Up to 12 weeks gestation A practitioner who has assisted a registered medical practitioner in the performance of 25 cases of MTP, of which at least five have been done independently in a hospital that has been established or maintained by the Government or at a training institute approved for this purpose by the Government. Up to 20 weeks gestation A practitioner who holds a post-graduate degree or diploma in obstetrics and gynaecology; A practitioner who has completed six months of house surgency in obstetrics and gynaecology; A practitioner who has at least one year experience in the practice of obstetrics and gynaecology at any hospital that has all facilities. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Midwife/nurse-midwifeNot specified According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be provided by a registered medical practitioner who possesses a recognised medical qualification as defined in the Indian Medical Council Act, 1956; whose name has been entered in a state medical register; and who has such experience or training in gynaecology and obstetrics as prescribed by the MTP Rules made under this Act can provide abortion service. The Rules further prescribe that only those with the following experience or training can perform MTPs: Up to 12 weeks gestation A practitioner who has assisted a registered medical practitioner in the performance of 25 cases of MTP, of which at least five have been done independently in a hospital that has been established or maintained by the Government or at a training institute approved for this purpose by the Government. Up to 20 weeks gestation A practitioner who holds a post-graduate degree or diploma in obstetrics and gynaecology; A practitioner who has completed six months of house surgency in obstetrics and gynaecology; A practitioner who has at least one year experience in the practice of obstetrics and gynaecology at any hospital that has all facilities. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Doctor (specialty not specified)Yes According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be provided by a registered medical practitioner who possesses a recognised medical qualification as defined in the Indian Medical Council Act, 1956; whose name has been entered in a state medical register; and who has such experience or training in gynaecology and obstetrics as prescribed by the MTP Rules made under this Act can provide abortion service. The Rules further prescribe that only those with the following experience or training can perform MTPs: Up to 12 weeks gestation A practitioner who has assisted a registered medical practitioner in the performance of 25 cases of MTP, of which at least five have been done independently in a hospital that has been established or maintained by the Government or at a training institute approved for this purpose by the Government. Up to 20 weeks gestation A practitioner who holds a post-graduate degree or diploma in obstetrics and gynaecology; A practitioner who has completed six months of house surgency in obstetrics and gynaecology; A practitioner who has at least one year experience in the practice of obstetrics and gynaecology at any hospital that has all facilities. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Specialist doctor, including OB/GYNYes According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be provided by a registered medical practitioner who possesses a recognised medical qualification as defined in the Indian Medical Council Act, 1956; whose name has been entered in a state medical register; and who has such experience or training in gynaecology and obstetrics as prescribed by the MTP Rules made under this Act can provide abortion service. The Rules further prescribe that only those with the following experience or training can perform MTPs: Up to 12 weeks gestation A practitioner who has assisted a registered medical practitioner in the performance of 25 cases of MTP, of which at least five have been done independently in a hospital that has been established or maintained by the Government or at a training institute approved for this purpose by the Government. Up to 20 weeks gestation A practitioner who holds a post-graduate degree or diploma in obstetrics and gynaecology; A practitioner who has completed six months of house surgency in obstetrics and gynaecology; A practitioner who has at least one year experience in the practice of obstetrics and gynaecology at any hospital that has all facilities. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
Additional notesThe Medical Termination of Pregnancy Act 1971 states that it extends to the whole of India except the State of Jammu and Kashmir. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. |
![]() Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityYes For Medical Methods of Abortion (MMA), up to seven weeks gestation, drugs can be prescribed in outdoor clinics with an established referral linkage to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Availability of a specialist doctor, including OB/GYNYes According to the 2018 Guidelines for Comprehensive Abortion Care Service Delivery, under the MTP an abortion can be performed at the following places: A hospital established or maintained by the Government A place approved by the Government or a District Level Committee (DLC) constituted by that Government with the Chief Medical Officer (CMO) as the Chairperson of the Committee In case of the termination of an early pregnancy of up to seven weeks using mifepristone (RU486) and misoprostol, the registered medical practitioner, as defined by the MTP Act, can prescribe the drugs at his/her clinic provided he/she has access to a place approved for terminating pregnancies under the MTP Act. The clinic should display a certificate to this effect from the owner of the approved place. In other words, the clinic where medical abortion drugs are prescribed by an approved registered medical practitioner does not need approval as long as it has referral access to an MTP approved site. The Government has yet to update and amend the 2018 guidelines in line with the 2021 amendments. Minimum number of bedsNot specified Other (if applicable)WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
|
Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
---|---|---|---|---|---|---|---|---|
India |
No data
Public sector providersNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Private sector providersNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Provider type not specifiedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Neither Type of Provider PermittedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Public facilitiesNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Private facilitiesNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Facility type not specifiedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
No data
Neither Type of Facility PermittedNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
|
Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
---|---|---|---|---|---|---|
India |
![]() Penalties deconstructedLegal grounds specified; penalties for all other abortions |
Penalties312. Causing miscarriage- Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A woman who causes herself to miscarry, is within the meaning of this section. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Penalties312. Causing miscarriage- Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A woman who causes herself to miscarry, is within the meaning of this section. 313. Causing miscarriage without woman's consent - Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned. Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death. 315. Act done with intent to prevent child being born alive or to cause it to die after birth.--Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. 316. Causing death of quick unborn child by act amounting to culpable homicide.--Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpablehomicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Penalties312. Causing miscarriage- Whoever voluntarily causes a woman with child to miscarry, shall if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.-A woman who causes herself to miscarry, is within the meaning of this section. 313. Causing miscarriage without woman's consent - Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned. Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death. 315. Act done with intent to prevent child being born alive or to cause it to die after birth.--Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. 316. Causing death of quick unborn child by act amounting to culpable homicide.--Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpablehomicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
![]() PenaltiesNone found |
Penalties313. Causing miscarriage without woman's consent - Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 2*[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 314. Death caused by act done with intent to cause miscarriage.-- Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent. if act done without woman's consent.--and if the act is done without the consent of the woman, shall be punished either with 2*[imprisonment for life], or with the punishment above mentioned. Explanation.-It is not essential to this offence that the offender should know that the act is likely to cause death. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|