Reproductive and Maternal Health Rights in Maharashtra
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 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.
How Maharashtra differs from central law
Maharashtra follows the central Medical Termination of Pregnancy Act, 1971 (as amended in 2021), which allows termination of pregnancy up to 24 weeks for certain categories of women (including survivors of sexual assault, minors, and women with change in marital status during pregnancy) and up to 20 weeks for others, with the opinion of one or two registered medical practitioners depending on the gestational period.
Maharashtra has a significant network of government-approved MTP centres. The state strictly enforces the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 to prevent sex-selective abortions, given the historically skewed sex ratio in some districts. The Maharashtra government has an active Appropriate Authority under the PCPNDT Act in every district that conducts inspections of ultrasound centres. The Bombay High Court has upheld the right of women to make reproductive choices, including the right to terminate pregnancy within the legal framework.
Additional Steps in Maharashtra
For MTP services, visit any government hospital or approved private centre. Confidentiality is legally guaranteed. For complaints about sex-selective practices or denial of lawful MTP, contact the District Appropriate Authority (Civil Surgeon). Helpline for women in distress: 181 (Women Helpline). Maharashtra State Women's Commission: 7977-722-722.
Relevant Law: Medical Termination of Pregnancy Act, 1971 (as amended 2021); Pre-Conception and Pre-Natal Diagnostic Techniques 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.
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