Reproductive and Maternal Health Rights in West Bengal

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.

West Bengal Law

How West Bengal differs from central law

Reproductive health rights in West Bengal are protected under central legislation including the Medical Termination of Pregnancy Act, 1971 (as amended in 2021) and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994. The state implements these through the Health and Family Welfare Department and has approved government and private facilities for medical termination of pregnancy.

Under the MTP Act (as amended in 2021), abortion is permitted up to 20 weeks with one doctor's opinion and between 20-24 weeks with two doctors' opinions for specified categories (including minors, rape survivors, and women with fetal abnormalities). West Bengal has constituted Medical Boards at approved facilities to decide on termination between 20-24 weeks. The state ensures access to safe abortion services at district hospitals and sub-divisional hospitals.

West Bengal implements the Janani Suraksha Yojana (JSY) for cash incentives for institutional deliveries and the Janani Shishu Suraksha Karyakram (JSSK) for free delivery and newborn care in government facilities. The state's own Swasthya Sathi scheme also covers maternity-related hospitalization. Sex-selective practices are monitored by the Appropriate Authority under the PCPNDT Act in each district.

Additional Steps in West Bengal

For safe abortion services, visit the nearest approved government facility (district hospital, sub-divisional hospital, or medical college hospital). No spousal consent is required. For complaints about sex-selective practices, contact the Appropriate Authority (usually the Chief Medical Officer of Health) in your district. For maternal health emergencies, call 102 (ambulance) or 108. Swasthya Sathi covers all maternity hospitalization costs at empanelled hospitals.

Relevant Law: Medical Termination of Pregnancy Act, 1971 (amended 2021), Sections 3-5; Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994; Janani Suraksha Yojana (West Bengal implementation)

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.