ABSTRACT
In 1971, India enacted its Medical Termination of Pregnancy Act (No 34 of 1971, ss 3 and 4) (the 1971 Act). The 1971 Act lists four grounds for obtaining an abortion. Women in India may not obtain an abortion merely at their request. Abortion is legal within the first 12 weeks of pregnancy when one registered medical practitioner determines in good faith that the pregnancy poses a threat to a woman’s physical or mental health or that the fetus is likely to suffer a serious physical or mental disability. The law recognises contraceptive failure, rape, and the woman’s actual or reasonably foreseeable environment as considerations affecting a woman’s mental health. After 12 weeks, a woman may obtain an abortion if two registered practitioners agree that one of the above conditions has been met. When an immediate abortion is necessary to save a woman’s life, the approval of a single registered practitioner is sufficient.
