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International Journal of
Law
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VOL. 9, ISSUE 6 (2023)
Emerging jurisprudence on right of abortion VIS A VIS woman’s sacrosanct right to reproduction
Authors
Atul Jain
Abstract

Abortion laws in India are designed to protect women's reproductive rights, ensure their health and well-being, and address social inequalities. The MTP Act, along with relevant sections of the IPC, provides a legal framework for safe and regulated access to abortion services. By recognizing women's autonomy and providing them with reproductive choices, India strives to create an environment where women can make informed decisions regarding their pregnancies while prioritizing their health and well-being. Abortion is a complex and sensitive subject, and its legal status varies across different countries.

In India, abortion laws have undergone significant changes over the years with a motive to ensure women’s reproductive rights and safeguard their health. In September 2021, the Medical Termination of Pregnancy (Amendment) Act of 2021 came into force, extending the upper gestational limit for abortion from 20 to 24 weeks. The amendment was heralded as the next step in making Indian abortion laws more progressive. The amendment was a response to the Indian courts receiving requests to access safe medical support from many women with unwanted pregnancies beyond the permissible gestation period.

The scope of the MTPA was liberalized in 2022 in a judgment (‘X v Delhi’). In this case, Justice Chandrachud, took up a “purposive” approach that emphasized and protected the reproductive autonomy of the pregnant person, to extend the ambit of the MTPA to both married and unmarried women. But, recently, the Supreme Court in X v Union of India (dated 16 October 2023) (‘X v UOI’), denied a pregnant woman the opportunity to abort a 26-week old fetus, despite her mental health problems and clear intent to terminate the pregnancy.

In India, the field of progressive judgments has been muddied by a ‘moral’ contention entering the narrative, as if through a backdoor channel. The author argues that this judgment demonstrates the emergent discordant approaches that the Indian legal system is taking with reference to abortion. The right-based discourse has been conveniently by-passed by the idea that a woman’s choices are everyone’s business. This is the strain of a societal bias, which is being allowed to raise its censorious head even in the courtroom, undoing the progress made there in the face of public morality.
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Pages:239-242
How to cite this article:
Atul Jain "Emerging jurisprudence on right of abortion VIS A VIS woman’s sacrosanct right to reproduction". International Journal of Law, Vol 9, Issue 6, 2023, Pages 239-242
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