Discover BRAC

About Articles Members Become a Member Join as Volunteer Careers Donate Now

Services

Public Services & Registry

Search & Apply Track Status

Report BRAC Status Petitions SOS Emergency Lost & Found Know Your Rights India Services Directory Free Tools by BRAC

How it Works Report BRAC Contact

Start Fundraising Sign Up Login

Stop Medical Violence

FORCED ABORTION

HER BODY, THEIR CRIME

Abortion is a right when chosen; it is a violent crime when forced. Forced Abortion occurs when a woman is coerced, threatened, or physically forced to terminate a pregnancy against her will by partners, family, or the state.

Whether driven by son preference, stigma against unwed mothers, or abusive control, this act strips a woman of her most fundamental right: bodily integrity. In India, this is a punishable offence, tantamount to causing grievous hurt.

RESTORE AUTONOMY →CRIMINAL LAW

Part 2: The Violation

Consent Under Siege

Analysis of NCRB & NFHS Data

Life

Max Penalty

For non-consensual abortion

11%

Partner Violence

Women reporting forced termination

IPC 313

Primary Law

Now BNS Section 89

Hidden

Data Gap

Most cases labeled "Miscarriage"

The Mechanics of Coercion

Forced abortion is often the final act in a long play of domestic abuse. It starts with emotional blackmail ("If you love me, you will wait"), escalates to threats of abandonment ("I will leave if you keep it"), and culminates in physical violence (kicking the stomach) or surreptitious drugging (slipping pills in food).

Who are the Perpetrators?

Husbands/Partners: Avoiding responsibility, hiding affairs, or waiting for a "better time" (economic coercion).
In-Laws: Obsession with a male heir often leads to forced abortion of female foetuses (Sex Selection linkage).
Unethical Doctors: Medical professionals who perform procedures on the husband's consent alone, ignoring the woman's refusal.

VIOLATION DETECTED

Forms of Violence

Physical AssaultDirect Trauma

Blunt force trauma to abdomen.

Medical CoercionInstitutional

Forging consent signatures.

Reproductive ControlPsychological

Sabotaging contraception to force pregnancy, then aborting.

"The womb is not a public space. It is not property. It belongs to the woman alone."

Part 3: The Law

Bharatiya Nyaya Sanhita (BNS) 2023

Replacing IPC 312/313. Defining miscarriage as a crime against the woman.

BNS Section 89

Without Consent

"Causing miscarriage without woman's consent." This is a grave offense punishable by **Life Imprisonment** or jail up to 10 years + Fine.

Highest Penalty

MTP Act 1971

Consent Rule

Section 3(4): "No pregnancy of a woman... shall be terminated except with her consent." Spousal consent is **NOT** required by law.

Sole Authority

Legal Nuances

Domestic Violence Act 2005

Forcing a woman to undergo abortion is defined as "physical abuse" and "reproductive health rights violation" under this civil law.

BNS Section 87 (Act to cause death)

If the forced abortion leads to the death of the woman, the charge escalates to culpable homicide or murder.

Medical Ethics

Doctors performing MTP without the woman's written consent can be struck off the Medical Register and prosecuted.

Part 4: The Barriers

Why Is Justice Silent?

The "Family Affair" Myth

Police and society often view reproductive decisions as "private family matters," discouraging women from filing FIRs against husbands.

Invisible Methods

Pills slipped into food leave no external marks of violence. Proving "poisoning" or "coercion" in court without physical injury is difficult.

Doctor Complicity

Some doctors prioritize the husband's payment over the patient's consent, forging signatures or bullying the woman into agreeing.

Lack of Proof

Once the abortion is complete, evidence is lost. Unless there are prior texts or recordings of threats, it becomes "he said, she said."

Dependency

Women fear that reporting the husband will lead to his arrest (Life Imprisonment), leaving her destitute and homeless.

YOUR ROLE

If a friend mentions her partner is "making her" abort, recognize it as abuse. Offer to accompany her to the doctor.

Part 5: The Response

BRAC DEFENSE PROTOCOL

Protecting the right to say NO.

1. Legal Prosecution

Filing BNS 89.

• FIR Registration: Ensuring police file under non-bailable sections.

• Evidence Collection: Preserving medical records and communication logs.

2. Medical Sanctuary

Safe spaces.

• Shelter: Housing pregnant women fleeing coercive families.

• Checkups: Independent medical exams to document force/injury.

3. Provider Training

Stopping it at the clinic.

• Screening: Training doctors to identify signs of coercion in patients.

• Private Consult: Mandating time alone with the patient without the husband.

4. Trauma Counseling

Healing the mind.

• Therapy: Supporting women dealing with the grief of forced loss.

• Support Groups: Connecting survivors to share strength.

5. Policy Advocacy

Systemic change.

• MTP Reform: Strengthening penalties for doctors who bypass consent.

• Education: Rights awareness campaigns in hospitals.

ACTIVATE PROTECTION

Select your impact level. 85% of funds go directly to programs.

IMPACT LEVEL 1

₹2,000

Provides counseling and legal advice for one survivor.

DONATE NOW

RECOMMENDED

IMPACT LEVEL 2

₹10,000

Funds safe house accommodation for a pregnant woman at risk.

DONATE NOW

IMPACT LEVEL 3

₹50,000

Sponsors a legal battle against a clinic performing illegal/forced MTPs.

DONATE NOW

Tax Deductible under Section 80G.

Transparency: You will receive a donation receipt & impact report.

Frequently Asked Questions

Does my husband need to sign for abortion?

No. Under the MTP Act, only the pregnant woman's written consent is required. Hospitals asking for husband's consent are acting illegally.

What if I was tricked into taking pills?

This is "Causing Miscarriage without Consent" (BNS 89 / IPC 313). You should immediately go to a hospital for a toxicology test/checkup and file an FIR. It is punishable by life imprisonment.

Is my donation tax deductible?

Yes. BRAC is registered under Section 80G. You will receive a tax exemption certificate via email within 7 days.

Disclaimer: This content is for informational purposes only and is not legal advice. Laws may vary by location. BRAC is not responsible for errors, omissions, or consequences arising from its use. BRAC® is a registered trademark. Unauthorized commercial use is prohibited. For corrections or permissions, email info@brac.in