Answer By law4u team
Forced abortion—when a woman is compelled by her partner or family to terminate a pregnancy without her voluntary consent—is a serious violation of her reproductive rights and bodily autonomy. Under Indian law, this act is recognized not only as a moral and ethical violation but also as a form of domestic violence. It constitutes both physical and emotional abuse under the Protection of Women from Domestic Violence Act (PWDVA), 2005, and can also be prosecuted under criminal law.
How Forced Abortion Qualifies as Domestic Violence
Section 3 of PWDVA – Definition of Domestic Violence
The Act defines domestic violence to include physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Forcing a woman to abort is seen as a combination of physical assault and mental cruelty, both of which are covered under this section.
Violation of Reproductive Rights
Forcing a woman to terminate her pregnancy interferes with her fundamental rights to make decisions regarding her own body and health. This is treated as reproductive coercion, a recognized form of domestic abuse.
Medical Procedures Without Consent
As per medical ethics and legal standards, any medical procedure, including abortion, requires informed and voluntary consent. A forced abortion violates this principle and can amount to assault.
Criminal Implications – Indian Penal Code (IPC)
Section 313 of IPC
This section specifically criminalizes causing a miscarriage without the woman’s consent—even if she is not pregnant through unlawful means. It is a serious offense punishable with life imprisonment or up to 10 years and fine.
Section 498A – Cruelty by Husband or Relatives
If a woman is harassed, threatened, or harmed physically or emotionally to force an abortion, the perpetrators can also be booked under this section.
Right to File an FIR
Victims of forced abortion can lodge a First Information Report (FIR) against the husband or in-laws, which can trigger both criminal and protective proceedings.
Legal Remedies Under PWDVA
Protection Orders
The court can issue orders restraining the abusive partner from any further coercion or interference in the woman’s medical decisions.
Compensation Orders
The woman may seek compensation for physical and emotional harm suffered due to the forced abortion.
Custody and Shelter
PWDVA empowers the magistrate to provide temporary custody of children, residence in shelter homes, and medical aid to victims.
Support and Reporting Channels
Approach a Protection Officer to file a Domestic Incident Report (DIR)
Visit a District Legal Services Authority (DLSA) for free legal help
Call national women’s helplines (1091, 181)
Report to cybercrime.gov.in if threats or pressure were sent digitally
Use state-run women’s commissions for fast intervention
Consumer/Victim Safety Tips
Never undergo a medical procedure under pressure—insist on proper counseling.
Save proof like texts, recordings, or witnesses that show coercion.
Visit a government hospital or women’s clinic to confidentially report abuse.
Don’t delay—report the incident early to protect your health and legal rights.
Involve trusted family, NGOs, or legal aid groups for support.
Example
A married woman becomes pregnant, but her husband and in-laws insist she must abort because they want a male child next time. When she resists, they emotionally abuse her and forcibly take her to a private clinic.
Steps Taken:
She visits a local women’s NGO and is referred to a Protection Officer.
A Domestic Incident Report is filed under PWDVA.
The court issues a protection order preventing her husband and in-laws from making medical decisions on her behalf.
An FIR is filed under IPC Section 313 for forced abortion and under Section 498A for cruelty.
She is moved to a shelter home with counseling and legal aid services arranged by the court.
