Reproductive and Maternal Health Rights
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
India's central law protects women's reproductive rights, maternal health, and the unborn child against sex-selective practices.
- Medical Termination of Pregnancy (MTP) Act, 1971 (amended 2021):
- Termination is permitted up to 20 weeks of gestation on the opinion of one registered medical practitioner (RMP).
- Termination up to 24 weeks is permitted (with two RMPs' opinion) for: survivors of rape or sexual assault, minors, women with disabled husbands, mentally ill women, foetal abnormalities, and women whose marital status changed during pregnancy (widowhood, divorce).
- Beyond 24 weeks, termination is permitted only on the recommendation of a Medical Board constituted by the state — for substantial foetal abnormalities.
- Termination can be performed only in government hospitals or private facilities certified by the state government.
- A woman's identity in an MTP case must be kept strictly confidential — disclosure is a criminal offence.
- PCPNDT Act, 1994: Sex-determination tests (to determine the sex of a foetus) are strictly prohibited — communicating the sex of a foetus, causing sex-selective abortions, and advertising sex-determination facilities are criminal offences punishable with imprisonment and fine.
- Janani Suraksha Yojana (JSY): A government scheme providing cash assistance to pregnant women (especially BPL and SC/ST) to encourage institutional delivery — cash incentive of ₹1,400 (rural) and ₹1,000 (urban) for delivering in a government or accredited private health facility.
When does it apply?
- You are a woman seeking to terminate a pregnancy within the legal parameters.
- A hospital or doctor is refusing to perform a legally permitted MTP.
- You suspect a clinic is conducting sex-determination tests.
What should you do?
- For an MTP, visit a registered government hospital or certified private facility — the certifying authority is the state government. The doctor is required to refer you to another certified facility if they have a conscientious objection.
- If a doctor or hospital refuses a legally permitted MTP, file a complaint with the State Medical Council and the Chief Medical Officer of the district — refusal is a breach of professional duty.
- Report suspected sex-determination tests to the District Appropriate Authority under the PCPNDT Act — the Appropriate Authority has the power to seal the facility and prosecute.
- To enrol in JSY, register your pregnancy with the local ASHA worker or Sub-Centre — enrolment is simple and the benefit is automatically payable on institutional delivery.
What should you NOT do?
- Do not seek or ask for the sex of the foetus during any prenatal test — doing so is illegal under PCPNDT and can result in prosecution of both the medical provider and the requesting family.
- Do not attempt an MTP outside certified facilities — unsafe abortions remain a leading cause of maternal mortality and are illegal outside the MTP framework.
- Do not reveal your identity in connection with an MTP to anyone other than the treating doctor and relevant health authorities — your privacy is protected by law.
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