Abortion is legalized in India under the Medical Termination of pregnancy act of 1971 and its consequent amendment in 2002. The act specifically says that pregnancy due to a sexual assault can be terminated.
If the pregnancy is detected within 12 weeks, then the abortion can take place with the opinion of a registered medical practitioner. In case the pregnancy is detected between 12-20 weeks, then the opinion of two registered medical practitioners is required before the termination is done.
Recently, there was a case when a minor was allowed by the supreme court to terminate pregnancy at 24 weeks after 3 senior medical practitioners gave green signal to mother’s health. The Supreme court mentioned that this is not to be used as precedent, but a draft for an amendment to the abortion laws was made in 2014 for extending the period of allowance for termination of pregnancy. Nowadays, because of advanced technologies, it is often possible to terminate the pregnancy even after 20 weeks, without risking the mother’s life.
- For victims below 18 or with mental handicap, the signed consent of guardian or parent is required.
- Otherwise, the woman’s consent is enough for termination.