Law on Abortion in India: An Overview

Abortion laws in India have undergone significant evolution over the decades, shaped by social, medical, and judicial interventions. India’s abortion law, formally known as the Medical Termination of Pregnancy (MTP) Act, governs when, how, and by whom an abortion can legally be performed. This legislation was a groundbreaking step toward ensuring safe and accessible abortions, yet it remains subject to interpretation and judicial review.

The Abortion Act in India: Medical Termination of Pregnancy (MTP) Act

The Medical Termination of Pregnancy Act, 1971 marked the beginning of abortion regulation in India. Before the Medical Termination of Pregnancy Act, abortion was strictly regulated under the Indian Penal Code (IPC), 1860, which criminalised the act of abortion except to save the mother’s life.

Key Provisions of the Medical Termination of Pregnancy Act

The Medical Termination of Pregnancy Act was passed with three primary aims:

1. Health – To provide medical care in the case of abortion.
2. Humanitarian Grounds – To provide relief to women in cases of rape, incest, and unwanted pregnancies.
3. Eugenic Grounds – To allow abortions in cases where the fetus has serious physical or mental abnormalities.

Under the Medical Termination of Pregnancy Act, a pregnancy can be legally terminated by a registered medical practitioner under certain conditions, such as when:

• The continuation of the pregnancy poses a risk to the woman’s physical or mental health.
• There is a substantial risk that the child, if born, would suffer from serious physical or mental abnormalities.
• Pregnancy resulted from rape.
• The pregnancy occurred due to failure of contraception used by a married woman or her partner.

The original Medical Termination of Pregnancy Act allowed abortions up to 20 weeks of pregnancy, with the approval of one doctor if the termination was within the first 12 weeks and two doctors if the pregnancy was between 12 and 20 weeks. However, as advancements in medical technology made late-term abortions safer, calls for amending the law intensified.

2021 Amendment to the Abortion Act in India

The Medical Termination of Pregnancy (Amendment) Act, 2021 was enacted to address gaps in the 1971 Act, making abortion accessible to a broader range of women under specific circumstances and reducing maternal mortality due to unsafe abortions.

Key Features of the 2021 Amendment:

• Extended Gestational Limit: Abortions are now permitted up to 24 weeks for certain categories of women, such as survivors of rape, victims of incest, minors, differently-abled women, and others deemed vulnerable.
• Widened Definition of “Any Woman”: The amendment replaced the words “any married woman or her husband” with “any woman or her partner,” thus encompassing pregnancies outside of marriage.
• Introduction of Medical Boards: For abortions beyond 24 weeks due to fetal abnormalities, the decision must be approved by a Medical Board, including specialists such as gynaecologists, paediatricians, and radiologists.
• Privacy Protections: It is now mandatory that no information about a woman undergoing an abortion can be disclosed, except to individuals authorised by law.

The 2021 amendment represents a progressive shift, allowing women more reproductive autonomy and aligning the law with evolving social standards and medical practices.

Constitutional Backing for Abortion Rights

India’s Constitution does not explicitly mention abortion rights. However, the Supreme Court of India has recognised that a woman’s right to reproductive autonomy and bodily integrity is protected under Article 21, which guarantees the right to life and personal liberty. This interpretation has been reinforced by various landmark cases on abortion in India, asserting that a woman’s reproductive choices include both the right to procreate and the right to abstain from procreation.

Landmark Cases on Abortion in India

Court decisions have significantly impacted abortion law in India, extending the scope of reproductive rights under the Medical Termination of Pregnancy Act and the Constitution. Here are some of the most pivotal cases that have shaped the landscape of abortion law in India.

Suchita Srivastava v. Chandigarh Administration (2009)

In Suchita Srivastava v. Chandigarh Administration, a mentally disabled woman was impregnated following a sexual assault. The Chandigarh Administration sought permission from the court to terminate the pregnancy. The Supreme Court held that a woman’s right to make reproductive choices is a dimension of personal liberty under Article 21. It emphasised that reproductive choices include the right to continue or terminate a pregnancy and that a woman’s right to privacy and bodily autonomy should be respected.

Meera Santosh Pal v. Union of India (2017)

Meera Santosh Pal v. Union of India case involved a woman who sought to terminate her 24-week pregnancy due to severe fetal abnormalities. The Supreme Court granted permission for abortion, stating that the woman’s right to life included the right to make reproductive choices. The ruling underscored the significance of bodily autonomy and health risks associated with continuing a pregnancy under such circumstances.

XYZ v. State of Maharashtra (2021)

In XYZ v. State of Maharashtra, the Supreme Court allowed a minor to terminate her pregnancy beyond the 20-week limit due to her socio-economic condition and the impact of the pregnancy on her mental health. The ruling highlighted the importance of considering individual circumstances and mental health when adjudicating abortion cases.

Deepika Singh v. Central Administrative Tribunal (2022)

The Supreme Court in Deepika Singh v. Central Administrative Tribunal expanded the definition of a family to recognise relationships outside the traditional marriage institution. The judgment paved the way for the interpretation of reproductive rights for unmarried women, affirming that the law should reflect the realities of modern relationships and not be limited by outdated societal norms.

X v. Principal Secretary, Health and Family Welfare Department (2022)

This landmark decision in X v. Principal Secretary, Health and Family Welfare Department removed the artificial distinction between married and unmarried women in the Medical Termination of Pregnancy Act. The Supreme Court ruled that all women, regardless of marital status, have the right to seek an abortion within the legally permitted gestational period. The court emphasised that the Medical Termination of Pregnancy Act should not discriminate based on marital status and that the right to reproductive autonomy, privacy, and dignity under Article 21 applies equally to all women.

Social and Cultural Challenges in Accessing Abortion in India

Although India has a liberal abortion law, societal and cultural norms often restrict women’s access to safe and legal abortions. In rural areas, where access to qualified medical professionals may be limited, women may resort to unsafe procedures. Additionally, while the 2021 amendment marked a significant step forward, practical challenges remain in accessing legal abortions, especially for women from marginalised backgrounds.

The Impact of Abortion Laws on Women’s Health

The restrictive nature of the original Medical Termination of Pregnancy Act led to high rates of unsafe abortions, contributing significantly to maternal mortality. By liberalising the law, the government aims to reduce these rates and improve access to reproductive healthcare.

Despite these changes, unsafe abortions continue to be a concern. Lack of awareness about legal abortion provisions, societal stigma, and limited access to healthcare facilities contribute to the prevalence of unsafe abortion practices. Advocacy for education and awareness of safe abortion options is crucial in combating the challenges posed by unsafe abortions.

Abortion Law and the Future of Women’s Rights in India

The recent amendments to the Medical Termination of Pregnancy Act and the progressive stance of Indian courts indicate a shifting landscape toward safeguarding women’s reproductive rights. With the Supreme Court emphasising the importance of individual autonomy and privacy, abortion law in India is gradually aligning with global standards on reproductive rights.

Conclusion

India’s abortion law, governed by the Medical Termination of Pregnancy (MTP) Act, has evolved significantly since its enactment in 1971, allowing licensed professionals to perform abortions under specific conditions to ensure women’s health and reproductive rights. The 2021 amendment extended the permissible gestational period to 24 weeks for specific vulnerable categories and removed the distinction between married and unmarried women, advancing women’s reproductive autonomy. 

Despite progressive steps, challenges like societal stigma and limited medical access remain. The ongoing legal evolution aims to ensure safe and accessible reproductive healthcare across India.