Abortion Law : According to the World Population Report 2022 of the United Nations Population Fund (UNFPA), about 8 women die every day in India due to abortion, while 67% of abortions are life-threatening. This report has been prepared on the basis of data from 2007-2011. There is a Medical Termination of Pregnancy Act in India for abortion. In such a situation, a question arises whether a woman needs the permission of her husband or family to get an abortion? Know the answer to this…
When can an abortion be legally performed?
1. If the woman’s life is in danger due to pregnancy.
2. There is a possibility that the child may become disabled.
3. The woman should not be mentally or physically capable.
4. If a minor girl becomes pregnant.
5. If the woman becomes pregnant due to rape.
Who can make the decision about abortion?
On September 29, 2022, the Supreme Court said in its statement that a woman has the sole right over her body. Therefore, only that woman can decide whether she wants to have an abortion or not. Article 21 allows a woman to have an abortion when her mental and physical health is being affected due to pregnancy.
Is the permission of the husband or family required for abortion
Under the Medical Termination of Pregnancy (MTP Act), every woman has the right to abortion within 22 to 24 weeks. The Supreme Court has said in its statement that medical practitioners i.e. doctors should not impose any forceful conditions on any woman who comes for abortion, they only have to ensure whether the conditions of the MTP Act are being fulfilled or not. The court said that doctors ask the woman who comes for abortion to take permission from her family or husband and ask for various types of documents. These conditions have no legal basis.
Whose permission is needed for abortion
1. If the husband does not force sex on the married woman, then both the husband and wife should agree for abortion.
2. According to the decision of the Supreme Court in 2022, if the husband has forced sex with the wife and she becomes pregnant, then the woman does not need anyone’s permission or consent for abortion.
3. An unmarried girl or woman can also get an abortion done without taking permission from anyone.
4. In case of a minor girl or a mentally challenged woman, consent of their parents is necessary.
Disclaimer: Some of the information given in the news is based on media reports. Before implementing any suggestion, please consult the concerned expert.
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