The Right to Abortion in India

Abortion is a delicate and complicated topic, and different nations have varied laws governing it. There are wildly differing views on this topic that have been extensively addressed globally with regard to its legality. According to the Merriam-Webster Dictionary, the term ‘Abortion’ is defined as “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus.” It is also known as an induced abortion and is a choice made voluntarily by the pregnant woman, though it can also occur for medical reasons in some situations.

The Supreme Court of India has been crucial in interpreting the constitutional clauses pertaining to access to safe abortion and reproductive rights over the years. The Indian Constitution while not directly mentions the right to abortion, interpretation of various fundamental rights have been done by the judiciary in connection with reproductive rights and women’s healthcare.

The Indian Constitution's Article 21 guarantees the right to life and personal liberty. The Supreme Court has given this right a broad interpretation that encompasses the freedom from discrimination and healthcare throughout pregnancy. Prior to 1970, abortion was illegal and socially taboo in India. On the other hand, following the passage of the Medical Termination of Pregnancy (MTP) Act, 1971, which established the legal foundation for abortion in India and specified the requirements, gestational limits, and protocols for permissible abortions, the same became permissible (under certain particular conditions). "To provide for the termination of certain pregnancies by registered medical practitioners and matters connected therewith or incidental thereto" is the primary reason for its enactment. 

The Act addresses the necessity for safe pregnancy termination in specific situations while respecting women's reproductive rights and working to safeguard their health. In an effort to address the shortcomings in the previous legislation, this Act was amended in 2021. Among the major changes that were made included the extension of the gestational limit for abortion, which permitted women to seek an abortion up to 20 weeks with the approval of one licensed medical professional and beyond 20 weeks, under certain specific circumstances, with the approval of two licensed medical professionals. It also stated that a married or unmarried woman might end a pregnancy up to 20 weeks if none of the methods or devices for contraception or pregnancy termination worked. India adopted a very progressive stance in contrast to many other nations, like the USA, where access to abortion had been severely curtailed after the Supreme Court overturned Roe v. Wade in June 2022 and ruled 6-3 that states could regulate abortion as long as it was not protected by the constitution (Dobbs v. Jackson Women's Health organization).

With the passage of time, India's laws protecting women's rights and liberties and allowing abortion have greatly increased support for the progressive ideals of our nation. The MTP Act offers a legal framework for safe and controlled access to abortion services, in conjunction with pertinent parts of the IPC. India works to create a climate where women may make educated decisions about their pregnancies while prioritising their health and well-being by acknowledging their autonomy and offering them reproductive alternatives.

References and Further Reading Supreme Court of India's 2022 Abortion Ruling

• PMC Analysis

• Harvard Law Review Explanation

• SC Observer Case Summary

• Medical Termination of Pregnancy (MTP) Act

  • 1971 Act: Legislative Framework

  • 2021 Amendment: Extended gestational limits and included unmarried women.

• Recent Judicial Developments

  • 2023 Split Verdict: A (Mother of X) v. State of Maharashtra (Case Analysis)

  • Constitutional Interpretation: Right to reproductive autonomy under Articles 14 and 21 (SC Observer Archive).

• Comparative Perspectives

  • U.S. Context: Dobbs v. Jackson Women’s Health Organization (2022) overturning Roe v. Wade(1973).

  • Global Trends: Contrast India’s expanded access with restrictive laws elsewhere.

• Additional Resources

  • MTP Act Guidelines: Government of India’s health ministry notifications.

  • Reproductive Rights Advocacy: Centre for Justice and Policy (CJP).