Abortion in India
Wikipedia overview article
Abortion has been legal in India under various with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services.
In 2021, MTP Amendment Act 2021 was passed with certain amendments to the MTP Act 1971, such as women being allowed to seek safe abortion services on grounds of contraceptive failure, an increase in gestation limit to 24 weeks for special categories of women, and opinion of one abortion service provider required up to 20 weeks of gestation. Abortion can now be performed until 24 weeks of pregnancy as the MTP Amendment Act 2021 has come into force by notification in Gazette from 24 September 2021. The cost of the abortion service is covered fully by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at ₹15,500 (US$160) which includes consultation, therapy, hospitalization, medication, ultrasound, and follow-up treatments. For medical abortion, the package rate is set at ₹1,500 (US$16) which includes consultation and USG.
Abortion laws
Current legal framework
The latest Medical Termination of Pregnancy (MTP) rules, as of 2026, as the amendments announced by the government on October 12, 2022. Following are the revised rules as per the amendment act:
The gestation period upper limit for terminating a pregnancy with 1 doctor's opinion has been extended from 12 weeks to 20 weeks, with the rule being expanded to include unmarried women as well.
The gestation period upper limit for termination of pregnancy with 2 doctors' opinion has been extended from 20 weeks to 24 weeks, for the following special categories:
survivors of sexual assault or rape or incest
minors
change of marital status during the pregnancy (widowhood and divorce)
women with physical disabilities
mentally ill women
the foetal anomalies that have substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped
women with pregnancy in humanitarian settings or disaster or emergency
A state-level Medical Board will determine the request for termination of a pregnancy longer than 24 weeks in the cases of foetal anomalies
Role of the medical board
To examine the woman and her reports
To approve or deny the request for termination within 3 days of receiving it
To ensure that the termination procedure, when advised by the Medical Board, is carried out with all safety precautions along with appropriate counselling within 5 days of the receipt of the request for medical termination of pregnancy
The Medical Board shall consist of the following
a Gynaecologist;
a Pediatrician;
a Radiologist or Sonologist; and
other members notified by the State Government or Union territory
History
Before 1971 (Indian Penal Code, 1860)
Before 1971, abortion was criminalized under Section 312 of the Indian Penal Code, 1860 Except in cases where abortion was carried out to save the life of the woman, it was a punishable offense. The Code criminalized both women and providers, with whoever voluntarily caused a woman with child to miscarry facing three years in prison and/or a fine, and the woman availing of the service facing seven years in prison and/or a fine.
Shah Committee and the Medical Termination of Pregnancy Act, 1971
The Shah Committee was appointed by the Government of India in 1964.
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