Infanticide, Abortion & the MTP Act

Infanticide is the killing of a child under 12 months born alive, distinct from foeticide (killing a fetus) and stillbirth (born dead). Abortion is termination of pregnancy before fetal viability, governed in India by the MTP Act, 1971, amended in 2021.

Doctors examine newborn deaths to decide if the baby was born alive and whether death was natural or criminal, and every doctor must know exactly when abortion is legal to provide safe care. Unsafe abortion remains a major cause of maternal death that legal services prevent.

Key Concepts

• Live-birth tests: the hydrostatic lung floatation test (aerated lungs of a baby that breathed float; unexpanded lungs sink), plus cord, stomach and ear findings, prove live birth.
• Concealment of birth: secretly disposing of a newborn's body to hide the birth is itself an offence.
• MTP Act grounds: risk to the woman's life or grave injury to her physical/mental health, substantial risk of serious fetal abnormality, or pregnancy from rape or contraceptive failure.
• Gestational limits: up to 20 weeks on one registered practitioner's opinion; 20-24 weeks on two practitioners' opinions for prescribed categories (e.g., assault survivors, minors); beyond 24 weeks only for substantial fetal abnormality with Medical Board approval.
• Consent: the pregnant woman's own consent is required (guardian's for a minor); no spouse or family consent is legally needed.
• Approved place: termination must be by a registered practitioner at a government-approved facility.

How It Works

For a newborn's body, examination answers three questions in order: was the baby born alive, was death natural or violent, and how long did it live. Lungs are the key witnesses: breathing expands alveoli so lungs float, and swallowed air may reach the stomach. Then signs of violence are sought. For abortion, the doctor confirms gestational age by history and ultrasound, takes the woman's written consent, obtains the required one or two medical opinions by weeks of pregnancy, and performs medication (mifepristone plus misoprostol, effective early) or surgical termination at an approved facility, documenting every step that makes it legal.

Worked Example

LMP was 8 June 2026; today is 15 October 2026. Gestational age:

1. June: 30 − 8 = 22 days; July + August + September = 92 days; October: 15 days
2. Total = 22 + 92 + 15 = 129 days
3. 129 ÷ 7 = 18.43 ≈ 18 weeks 3 days

Within the 20-week limit, so one registered practitioner's opinion suffices if other MTP Act conditions are met.

Common Misconceptions

• "Abortion is fully illegal in India." The MTP Act has permitted it under conditions since 1971, extended by the 2021 amendment.
• "Husband's permission is needed." The law requires the woman's own consent; family wishes have no legal standing here.
• "Infanticide equals abortion." Infanticide is killing a live-born child (homicide); abortion under the MTP Act is a regulated medical procedure.

Real-World Applications

• Newborn death examination: lung floatation and injury documentation decide whether infanticide is registered.
• Safe abortion services: approved hospitals and clinics reduce deaths from unsafe backstreet abortions.
• Minor protection: the 24-week extension specifically protects young assault survivors.
• Sex-determination ban: a separate Indian law prohibits fetal sex determination to prevent sex-selective abortion.

Infanticide means killing a live-born infant under one year and is investigated as homicide; abortion is legal in India under the MTP Act within week-based limits needing one or two doctors' opinions. The woman's consent is central, the place must be approved, and accurate gestational-age calculation decides which legal path applies.