Requirements of a Legally Valid Abortion
The Medical Termination of Pregnancy Act 1971 was enacted by the Parliament of India to provide for the termination of certain pregnancies by Registered Medical Practitioners and for matters connected there with.
Accordingly, a pregnancy may be terminated by a Registered Medical Practitioner, if the length of pregnancy doesn’t exceed more than 12 weeks and he is of the opinion that the continuation of the pregnancy would involve a risk to the life of the pregnant woman or of great injury to physical or mental health or that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
If the pregnancy exceeds 12 weeks, but doesn’t exceed 20 weeks, the opinion in good faith as above, of two Registered Medical Practitioners is required for the termination of pregnancy. Where any pregnancy is alleged to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant women. Similarly where any pregnancy occurs as a result of failure of any device or method by any married women or her husband for the purpose of limiting their children, the anguish caused by such unwanted pregnancy is presumed to constitute a grave injury to mental health of the pregnant women.
No pregnancy of women who has not attained the age of 18 years or having attained the age of 18 years who is a mentally ill person shall be terminated except with the consent in writing of her guardian.