Abstract
The global discussion on access to safe abortion remains deeply controversial, and restrictive access leads to unsafe procedures with adverse health consequences for women and girls. In India, abortion is legal and governed by the Medical Termination of Pregnancy (Amendment) Act and Rules, 2021. Article 21 of the Indian Constitution provides the right to life and personal liberty, a fundamental right that includes the right to make reproductive choices and the rights to privacy, dignity, and bodily autonomy through the interpretation of the Supreme Court. Viewing these rights through a gender-justice lens, these constitutional protections are intended to safeguard women’s ability to exercise meaningful reproductive decision-making. Regardless of the strengthened legal framework, safe abortion services remain unevenly accessible. Enduring barriers such as social stigma, rural inequality, discriminatory attitudes toward unmarried women, delays caused by medical boards, moral policing, and inconsistent judicial interpretations among courts continue to obstruct real access. Mandating that a woman continue an unwanted pregnancy violates her bodily autonomy, exacerbates mental trauma, and endangers her health. [1]According to the WHO, nearly half of all pregnancies worldwide approximately 121 million annually are unintended; six in ten unintended pregnancies occur globally, and three in ten end in abortion. These numbers highlight that access to legal and safe abortion is essential to realising the fundamental right to health. This paper critically examines the evolution of abortion laws in India, the legal factors mediating women’s access to safe abortion, and the structural and social barriers that hinder the effective implementation of the MTP (Amendment) Act, 2021.
Key words: Abortion, bodily autonomy,privacy, social stigmas.
Introduction
Even in the 21st century, abortion by a woman is still considered a taboo by the society. It is not only because of killing a life that has not come to the world, but also because the mother enables it, making it a stigma and interfering with the bodily autonomy of a woman in reasonable situations. In India, the evolution of the medical treatment of abortion begins from the belief of Ayurveda in olden days, which was largely misused and unregulated. Historically, many countries have witnessed unfortunate outcomes when women raised their voices and autonomy. The struggle to formulate effective abortion laws is the best example of it. The global debate on abortion with restrictive access is leading to unsafe procedures and adverse consequences for women and girls. India enacted the Medical Termination of Pregnancy (Amendment) Act, 2021, with an aim to expand the access to safe abortion care under legal guidelines, enabling abortions on grounds of eugenic, mental health, humanitarian, and universal access to comprehensive care compared to the 1971 Act. But still, the effective implementation of the Act was challenged by the social opinion on termination and other technical and legal difficulties in the country.
[1]World Health Organization, Abortion, https://www.who.int/health-topics/abortion .