Published on: 29th November 2025
Authored by: Atrayee Banerjee
South Calcutta Law College under University of Calcutta
Abstract: The following research article attempts to portray the various reproductive rights of India. Along with it, the legal developments after the amendment of MTP Act has also been mentioned. The progression made in various reproductive laws play a vital role in India. This modernization has made a significant impact as well as many challenges are still faced by different groups of peoples due to the societal stigmas and taboos. However, changes are still to be made by implementing rational mindset within the people and raising awareness.
Introduction
Reproductive rights are a vital aspect of personal freedom in India and are encompassed in the constitutional right to life, safeguard under Article 21. Reproductive rights encompass personal rights to exercise autonomy and informed choice regarding one’s reproductive health and physical integrity. Although reproductive rights and reproductive justice are enshrined constitutionally by applicable law, such as the Medical Termination of Pregnancy (MTP) Act of 1971 and the MTP Amendment Act of 2021, numerous legal, social, and practical barriers- such as restrictive reproductive health laws, frank patriarchal social hierarchies, and practical implementation gaps – can invalidate these rights for women, girls, and marginalized groups. While courts, particularly via judicial activism, of India have identified reproductive options as care and matters of dignity and equality for decades, the battle against universal availability of quality health care services, and freedom from coercion and concomitant stigma persists, implying the path to complete reproductive justice is not fully realized.[1]
History of Reproductive Rights in India
Previously in India, Reproductive Rights had no such greater framework like in Modern India. The reproductive rights have evolved from patriarchal era to more technology-based era. In those days, Abortion was considered as a taboo. However, the turning point was when abortion was legalized in the Medical Termination of Pregnancy (MTP) Act of 197, this changed the mindset of the people and i9t rationalized the thought of abortion. The MTP Act was amended to increase the pregnancy boundary for abortion for 20 to 24 weeks for special categories of women, including people from rape, minors and disabled persons.[2] A landmark case, Suchita Srivastava vs. Chandigarh Administration (2009),[3] which safeguarded the reproductive rights of mentally challenged women in India. The Court passed the judgement which included that a women’s right to make reproductive choices is a fundamental right and mental disability does not take away this right.
Legal Framework of Reproductive Rights in India
Laws relating to Abortion:
Due to the Medical Termination of Pregnancy Act, 1971, Abortion has been legalized in India. These regulations enable to safeguard reproductive rights of women. The MTP Act, 1971 and 2021 amendment simplified the procedure to obtain a legal and safe abortion for the women. Women can terminate their pregnancies up to 20 weeks with a consent from a single doctor and in some special cases such as rape victim, young women or women with disabilities; the limit extends up to 24 weeks with consent from two doctors. Confidentiality of those women opted for abortion is a must by the law. In a case of 2022, the Supreme Court stated that it is not allowed by the constitution to treat unmarried women differently, so both the married and unmarried women can opt for abortion until 24 weeks.
Laws relating to reproduction and surrogacy:
The two laws which regulates fertility treatment and surrogacy are –
- ART (Regulation) Act, 2021 – This act provides regulations for fertility clinics and egg/sperm donations. This act states registrations for these clinics and fertility banks to be mandatory and it also establishes who is eligible to access these facilities. It permits only married couples and individual women but not unmarried couple or LGBTQ+ individuals.[4]
- Surrogacy (Regulation) Act, 2021 – Commercial surrogacy is banned and is illegal. This act contains eligibility of the persons to surrogate and it doesn’t permit single men, unmarries couples, live-in couples or LGBTQ+ community people.[5]
Rights of vulnerable groups:
- LGBTQ+ Rights – In 2018, Supreme Court stated that loving relationship between same sex individuals is not illegal. In 2022, Supreme Court expanded the term ‘family’ and included queer partnerships. Despite such laws, the LGBTQ+ communities are prohibited to access reproduction or surrogacy facilities in India.
- The Supreme Court also stated that women with disabilities have the right to take decisions regarding their body as well as decisions regarding to reproduction.
- RPwD Act, 2016 – The Right of Person’s with Disabilities prevents any kind of medical procedures which would make the person lose his/her fertility without the person’s consent.
Key changes introduced in the 2021 Amendment of MTP Act, 1971
A recent law in India’s healthcare system grants more independence among women patients for decisions about childbirth. The law amends the Medical Termination of Pregnancy Act that was created in 1971. This clause extends the abortion rights beyond average time frames by allowing them in extreme circumstances involving severe fetal deformities.
The most significant developments after the 2021 amendment are:
Increased gestational limits
Abortion rules have been altered based on a person’s situation and medical advice.
– Up to twenty weeks of pregnancy, just one licensed medical doctor is needed for the approval of an abortion procedure.
In the past, just two Regional Medical Personnel were needed during pregnancy weeks 12th through 20th.
– Between pregnancy week twenty and twenty-four, two representatives of medical professionals require approval for the treatment.
It applies particularly to specific categories like female victims of sexual assault, teenage girls, those affected by incestuous relationship, and people suffering from physical disabilities.
– In the case of beyond week 24, a state-level medical board can authorize an abortion if there are serious fetal health issues.[6]
Here, there is no limit regarding how far in the future something should happen.
Inclusivity and privacy
Legislation makes female patients more accessible to legal terminations while protecting their privacy.
– Single women can now end pregnancies due to contraceptive accidents just as they do in marital contexts.
Formerly, single women and their male partners were the only groups eligible for this right.
– Confidentiality of data: Medical practitioners avoid revealing the identity of, or any individual personal information concerning, an induced abortion, except on grounds of legal necessity.
Contravention of these could lead to a jail term or a financial fine.
– Every state and union territory is mandated to have a medical board for clearance of late-term abortions if the fetus has serious anomalies.[7]
Reasons for the change
An amendment was brought forward to respond to problems presented by the old Medical Technology Protection Act of 1971 since it did not keep abreast with modern breakthroughs in medicine.
– Developments in medicine showed that fetuses usually have issues beyond what can be identified through routine prenatal examinations through week twenty.
– Ensuring access to reproductive health guarantees people are able to make independent choices about issues concerning their health.
Research has pointed to the need for updated laws that protect individuals obtaining abortions past week twenty of pregnancy.
– Enhancing access to legalized and safe abortion clinics is meant to reduce deaths caused by illegal and unmonitored medical procedures.
Challenges
Although it has been embraced as a landmark piece of legislation in 2021, the amendment bill still received a mixed review, not addressing many of the pending issues in full.
- Opponents point out that there are still limited freedoms for action as long as the law does not identify abortion as an inviolable right granted exclusively by women’s choices, which is still of healthcare considerations.
- The unavailability of trained health workers and the incapacity of facilities remain an issue, especially in underserved areas, particularly in rural ones. Access to legal abortion services might be challenging for many females.
- The exclusion of trans individuals from legislation is not creating space for those whose identities are beyond conventional binary in frameworks that are now calling for access to the same kind of services as others.[8]
Conclusion
Although the legal framework of Reproductive rights in India is progressing day by day, but still some issues are still faced by different communities of people, such as the LGBTQ+ community, unmarried couple, single men. They have no access to fertility clinics and surrogacy. Women still face different societal stigmas and taboos leading to no support at all sometimes. Awareness must be raised regarding why Abortion is necessary in some cases so that people can become more road minded. Changing of patriarchal mindsets would lead to further modernization of the reproductive rights in India.
[1]Verfassungsblog https://share.google/E8TE0qfaGlG5YQP5R
[2]PIB https://share.google/OsnXuNXtMmfyxycCl
[3]Dhyeya Law https://share.google/nie7PTzMuuVGwYRuj
[4]Apollo Fertility https://share.google/KjepvMRA9n5FpZMXN
[5]Fertility World https://share.google/H2PtHo4ZGyhSwfnKy
[6]Drishti IAS https://share.google/v11YVrDsaVw5yNofS
