Policy brief: The POCSO Act and The MTP Act: Key Information for Medical Providers

Ipas Development Foundation (IDF) in close collaboration with the Centre for Health Law, Ethics and Technology (CHELT), Jindal Global Law School developed a policy brief titled, ‘The POCSO Act and the MTP Act: Key Information for Medical Providers’.

This policy brief aims to provide clarity on the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Medical Termination of Pregnancy (MTP) Act, 1971 with specific reference to young women’s access to safe abortion services.

The MTP Act, 1971 governs induced abortion service delivery in India. It defines by who, where, and when abortion services may be provided. The Government of India enacted the Protection of Children from Sexual Offences Act, 2012 (POCSO) to prevent and address child sexual abuse. While POCSO Act does not address women’s access to safe abortion services, these two Acts overlap where POCSO requires mandatory reporting on behalf of medical providers for minors seeking sexual health related services including safe abortion services, with the intent to prevent abuse. The MTP Act allows for abortion on grounds of rape while ensuring confidentiality and this provision under POCSO sometimes becomes a barrier to services for young women. The intersection between the MTP Act and POCSO Act is creating confusion, delays, and sometimes denial of abortion services to young girls. The policy brief clarifies the two Acts and the role of medical practitioners in ensuring access to safe abortion services for young women.