Issue 3 Consent November 2019
Issue 3 Consent November 2019
The provision of safe and legal abortion is a crucial aspect of women's reproductive rights. Providers play a
critical role in ensuring that women have accurate information about the choices available to them, in providing
a safe environment for procedures like abortion and in improving access to safe services. This e-newsletter will
provide you with information on the law that regulates abortion in India as well as the processes and formalities
associated with it.
One crucial manifestation of these barriers occurs when women are denied abortion services due to lack of
consent from their husbands, partners, or other family members. Adult women of sound mind do not require
consent from anyone to terminate their pregnancy. However, minors and mentally ill women require the
consent of legal guardians.
• Mentally ill person means a person who is in need of treatment by reason of any mental
disorder other than mental retardation.
• Guardian under the MTP Act means a person having the care of a minor or a mentally ill
person. This person does not necessarily have to be the legal guardian.
• A minor is any individual who is under 18 years of age.
The pre-procedure counselling ensures that women are consenting to the procedure after
receiving complete information about the procedure and after clarifying all their doubts and
questions.
Form III This is the Admission Register and is used to record details of women whose pregnancy is
terminated. This needs to be kept for a period of five years from the end of the calendar year it
relates to.
All records under this Act, Rules and Regulations, need to be preserved for five years.
Full compliance with the requirements of the POCSO Act
Taking Action for Women’s Access to Safe Abortion
Quick Links
1. The Medical Termination of Pregnancy (MTP) Act, 1971
2. The MTP regulations
3. Comprehensive abortion care: Training and service delivery guidelines (2018) |
MoHFW
4. Guidance: Ensuring access to safe abortion and addressing gender-biased sex-
selection
5. Handbook on medical methods of abortion