Abstract
Abortion laws in India have evolved over time, shaped by social, political, and ethical considerations. This research paper examines the legal framework governing abortion in India, its historical development, and the challenges associated with its implementation. It also discusses relevant judicial precedents, the role of healthcare providers, and the impact of these laws on women’s reproductive rights. The study aims to analyze whether the current legal provisions sufficiently address the reproductive autonomy of women while balancing societal interests.
Hypothesis
The current legal framework on abortion in India, while progressive in some aspects, remains inadequate in ensuring universal access to safe and legal abortion services due to procedural complexities, lack of awareness, and societal barriers.
Introduction
Abortion has remained a contentious issue globally, with legal and ethical considerations often clashing. In India, the legal framework surrounding abortion has undergone significant transformations, reflecting changing societal norms and public health concerns. The Medical Termination of Pregnancy (MTP) Act of 1971 marked a turning point in reproductive rights, allowing women to seek abortion under specified conditions. However, despite legal advancements, many women still face barriers in accessing safe abortion services due to socio-cultural stigmas, medical ethics, and procedural limitations.
The legal framework surrounding abortion in India aims to strike a balance between a woman’s reproductive rights and the state’s interest in protecting prenatal life. The MTP Act, 1971, remains the cornerstone of abortion law in India, allowing abortions under specific conditions while maintaining certain restrictions. Despite legislative progress, several challenges persist, including accessibility, social stigma, and legal ambiguities.
This research aims to evaluate the effectiveness of India’s abortion laws, examining their historical roots, legal provisions, and the challenges faced by women in exercising their reproductive rights. A critical analysis of judicial interpretations and legislative amendments will provide insights into the adequacy of these laws in ensuring women’s autonomy and public health safety. The paper hypothesizes that while India’s abortion laws have been progressive in certain aspects, they still impose significant limitations that hinder women’s reproductive autonomy and access to safe medical procedures. Through a thorough legal analysis, this paper aims to provide insights into the legal, social, and ethical dimensions of abortion laws in India.