Reproductive and Maternal Health Rights in India
Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
India's central reproductive-health framework sits across three statutes that pull in different directions but together cover most of what arises in clinical practice — termination of pregnancy under the 1971 MTP Act (significantly liberalised by the 2021 amendment), maternity protections under the Maternity Benefit Act 1961, and the strict ban on sex-selective abortion under the PCPNDT Act 1994.
- 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 to Do If You Are Denied a Legally Permitted Medical Procedure Under Indian Reproductive Health Law
- 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.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Indian central law.
8 states available
Common Questions
When does reproductive and maternal health rights 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 I do if a doctor in India refuses to perform a legally permitted termination of pregnancy?
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 p...
What mistakes should I avoid with reproductive and maternal health rights?
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.
Reproductive and Maternal Health Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.
- MaharashtraReproductive and Maternal Health Rights
- Uttar PradeshReproductive and Maternal Health Rights
- Tamil NaduReproductive and Maternal Health Rights
- KarnatakaReproductive and Maternal Health Rights
- West BengalReproductive and Maternal Health Rights
- DelhiReproductive and Maternal Health Rights
- KeralaReproductive and Maternal Health Rights
- GujaratReproductive and Maternal Health Rights