Reproductive and Maternal Health Rights in Delhi

Source: Medical Termination of Pregnancy Act, 1971 (as amended 2021); Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act); Maternity Benefit Act, 1961; National Health Mission — Janani Suraksha Yojana (JSY)

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

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 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.

Delhi Law

How Delhi differs from central law

Delhi provides comprehensive reproductive health services through its government healthcare network.

The Medical Termination of Pregnancy Act, 1971 (amended 2021) is fully implemented in Delhi. MTP is available at all Delhi Government hospitals and registered private facilities up to 24 weeks for special categories (including survivors of rape, minors, change in marital status during pregnancy, and women with physical or mental disabilities).
Delhi Government hospitals provide free antenatal and postnatal care, institutional delivery, and newborn care. The Janani Suraksha Yojana (JSY) provides cash incentives for institutional delivery.
The Delhi Government's free diagnostic scheme covers all pregnancy-related tests at government hospitals and Mohalla Clinics at no cost.
Sex-selective abortion is a criminal offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. Delhi has an active PCPNDT Cell under the DGHS that monitors ultrasound clinics and investigates violations.
The Delhi Commission for Women assists women facing coercion related to reproductive choices, including forced abortion or forced pregnancy.

Additional Steps in Delhi

Access reproductive health services at any Delhi Government hospital or Mohalla Clinic. For MTP services, consult the gynaecology department of a government hospital. Report violations of the PCPNDT Act to the PCPNDT Cell, DGHS, Delhi. For reproductive coercion, contact the Delhi Commission for Women (181 helpline).

Relevant Law: Medical Termination of Pregnancy Act, 1971 (amended 2021); Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994; Janani Suraksha Yojana; Delhi Commission for Women Act, 1994

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.