Published Paper Details:

The law of abortion in India is governed primarily by the Medical Termination of Pregnancy (MTP) Act, 1971, which was enacted to provide a legal framework for safe and lawful abortion, aiming to reduce maternal mortality and morbidity associated with unsafe abortions. The Act has undergone significant amendments, most notably in 2021, to expand access and reflect changing societal and medical perspectives. Under the MTP Act, abortions are permissible up to 20 weeks of gestation under specific conditions, and up to 24 weeks for certain categories of women, such as survivors of rape or incest, minors, and those with fetal anomalies, with the approval of one or two registered medical practitioners depending on the duration of the pregnancy. The law seeks to balance a woman's right to reproductive autonomy with the state's interest in protecting potential life and ensuring the procedure's medical safety. Despite its progressive amendments, the law has been critiqued for its provider-centric approach, where medical practitioners act as gatekeepers, and for lacking an explicit recognition of abortion as a fundamental reproductive right. Judicial pronouncements, particularly from the Supreme Court, have increasingly emphasized bodily autonomy, privacy, and reproductive choice as integral to the rights guaranteed under Article 21 of the Constitution. In conclusion, while India's abortion laws are relatively liberal compared to many other countries, there remain challenges in access, awareness, and implementation that must be addressed to ensure reproductive justice for all women, especially those in marginalized communities.