OG20.2 | MTP Consent — Summary & Reflection

KEY TAKEAWAYS

MTP consent is governed by the MTP Act 1971 (amended 2021). A competent adult woman consents for herself — no one else's permission is required. For minors (<18 years) and women of unsound mind, guardian consent is mandatory, but the woman's own assent and a private assessment of voluntariness remain clinically and ethically essential. The MTP Act's confidentiality provisions (Section 5A) are among the strongest in Indian health law — the woman's identity cannot be disclosed without a court order. A structured consent consultation covers five elements: disclosure, comprehension (confirmed by teach-back), voluntariness (assessed privately, actively, not assumed), decision-making capacity, and documented authorisation. Red flags for compromised consent include: another person speaking for the woman, visible fear or avoidance, inconsistent answers, and a minor with a significantly older partner (POCSO safeguarding obligations apply).

REFLECT

Return to the opening scenario: a 16-year-old girl, quiet, avoiding eye contact, accompanied by a 32-year-old boyfriend who wants to sign the consent form. Having worked through this module, you know the boyfriend has no legal standing to sign; the girl's guardian (parent or legal guardian) must sign; you must speak with the girl privately; you should assess for POCSO safeguarding concerns; and the MTP itself is not denied — she has a right to safe abortion. Reflect on the internal discomfort of asking the older man to leave. How will you frame that request so it does not feel confrontational while remaining firm? Write a two-sentence script for asking him to wait outside.