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.
Please enter the email address corresponding to this article submission to download your certificate.

