Abstract
This paper talks about the contradiction between legal and constitutional recognition of access to safe abortion in India and the ground reality of the same across diverse contexts. At one side of the coin where the abortion rights in India are progressively determined by the Medical Termination of Pregnancy Act, 1971 specifically after its amendment in 2021 along with Article 21 of the Indian Constitution which guarantees reproductive autonomy to women and on the other side lies harsh realities which hinder the process of safe and accessible abortion caused due to societal stigma, administrative barriers, misinformation, and conflicting statutes.
Keywords: MRTP, RMP, PCPNDT, Abortion, Gestation Period, Stigma
INTRODUCTION
“A right without access is not a right at all, it’s merely a promise on paper.”
Our law guarantees progressive and idealistic recognition of safe abortion but the reality says something else. There lies a huge gap between law and access of law. India does not criminalize abortion in absolute sense but still women specially in rural and backward areas are not able to access timely abortion and it remains an arduous process.
The Medical Termination of Pregnancy Act, 1971 amended in 2021 expanded gestational limits and removed marital status discrimination which assured that voluntary termination of pregnancy is a legal medical service. The central theme of this paper is that the legal recognition of termination of pregnancy has not borne fruitful results consequently undermining the transformative progress and basic structure of constitution as it violates Article 21 of the Constitution.