Published on: 4th December 2025
Authored by: Rutuja Tanaji Mahajan
Shahaji Law College, Kolhapur
“Reproductive b is critical to a whole range of issues. If we can’t take charge of this most personal aspect of our lives, we can’t take care of anything. It should not be seen as a privilege or as a benefit, but a fundamental human right.” ― Faye Wattleton
INTRODUCTION
In the colonized era, women were often regarded to allow esteem, their voices unheard and their roles undervalued. Now, in the todays world to recognize women as central figures insociety deserving equal rights and duties. The Indian Penal Code, 1860, which was enacted more than a century ago, on the basis of the then British Law, contained some provisions regarding the termination of pregnancy. Abortion was a crime, for which the mother as well as the abortionist could be punished except where it has to be induced in order to save the life of the mother. This strict law had been observed in the breach all over the country. This breach of law, which went unnoticed, was cane of the major factors for the untimely death of pregnant mothers. The journey of humanity begins and ends within the hands of women.
thus, acknowledging women’s rights, a matter of social justice and fundamental requirement for the modern world.
THE MEDICAL TERMINATION OF PREGANENCY ACT 1972
An act to provide for the termination of certain pregnancies registered medical practitioners and matters connected there with or incidental thereto. Be it enacted by parliament in the forty-fifth year of the republic of, it extends to the whole of except the state of Jammu and Kashmir. The medical termination act provides for the termination of certain pregnancies and matters connected therewith or incidental thereto by registered medical practitioner, provided that pregnancy may be legally terminated under the dire circumstances that allows MTP to when carry out abortion: 1. If it endangers the women’s life or causes grave physical/mental injury to the woman.
If there is a substantial risk of the child being seriously handicapped, as per diagnosis report.
If the said pregnancy is the result of the rape.
If the pregnancy is the result of the contraceptive failure in a married woman.
MPT act gave abortion a legal status in India only under prescribed circumstances, enabling women to access safe and legal abortion services. Lastly, The Act provides detailed information on who, can perform an abortion up to the what age and where it can be done, obtaining the patients consent before any procedure, as it’s ensured voluntary participation in the procedure.
THE IMPETUS FOR THE MPT ACT
Before the act, where a country like India, women of higher status received the honour and right of women. The life of women was always of restrictions and prohibitions. Abortion being one of them, supported by Britishers. The Indian penal code 1860 criminalized abortion as an offense under section 312 exempted under few circumstances with punishment of three years of imprisonment and/or fine and the women assisting the act of abortion punished with seven years of imprisonment and fine. Later when in the 1969’s when abortion was legalized in other countries, the deliberation establishing a legal framework for induced abortion in India began , more in 1964, a year when the Shantilal shah committee3 was appointed with view of carrying out a comprehensive review of social – economic , legal and medical needs for the same . After the Row v. Wade case4, where the court ruled that it is women’s constitutional right of privacy whether to keep the child or opt for abortion. It’s a fundamental right to choose between the two on the principal of privacy and liberty to a women’s ability to terminate a pregnancy. In the lights of the above, giving boost to the significance of women and focusing on the reproductive rights, India constructed essential components of women right backed by the Article 14,15 and 21 safeguarding equality, non – discrimination & the right to live in dignity.
Along with the constitution, India is signatory with international conventions like CEDAW5 and ICCPR6, the judiciary has consistently affirmed that reproductive choice is intrinsic to personal liberty and privacy, thereby recognizing it as an integral aspect of the right to life.
DEMOGRAPHICS
A joint study by the Guttmacher Institute (New York)8, IIPS (Mumbai), and Population Council (New Delhi), published in Lancet Global Health (2017), estimated that 15.6 million abortions occurred in India in 2015. Of these, 22% took place in health facilities, 73% through medical methods outside facilities, and 5% by other means, with an abortion rate of 47 per 1,000 women (aged 15–49). The study emphasized strengthening the public health system by expanding trained providers (including non-allopathic), improving drug availability, approving more private facilities, and enhancing counselling and post-abortion
care. Earlier, the Abortion Assessment Project—India (covering six states) estimated 6.4 million abortions annually. It found only four formal abortion facilities per 100,000 people, mostly private, with 55% gynaecologists and 64% having at least one female provider. Notably, only 31% of abortions were for reasons permitted under the MTP Act, the rest due to unwanted pregnancies, financial issues, or sex preference.
AMENDMENT TO THE MTP ACT 2019
“There is no doubt that our law is far ahead of other countries. We will not have a Roe versus Wade situation here. Our law is liberal and pro-choice,” Chief Justice Chandrachud observed in court.”
The distinctive point’s from MTP act amendment 2021 are as follows:
1. Under the Medical Termination of Pregnancy (MTP) Act, 1971, abortion up to 12 weeks of gestation could be performed with the opinion of one registered medical practitioner
2. For pregnancies between 12 to 20 weeks, the Act required the approval of two registered medical practitioners, ensuring that the procedure was medically justified.
3. The MTP Amendment Act, 2021 brought significant reforms, allowing termination up to 20 weeks on the advice of one doctor, simplifying access to safe abortion services.
4. For 20 to 24 weeks of gestation, the amendment permits abortion on the advice of two doctors, provided the woman falls under specific categories such as survivors of rape, minors, or cases of change in marital status.
5. Beyond 24 weeks, termination is allowed only in cases of substantial foetal abnormalities, with the approval of a State-level Medical Board.
6. In both the 1971 Act and its 2021 Amendment, termination beyond these limits is legally permissible only to save the life of the pregnant woman.
JUDICIAL APPROACH
1. XYZ v. State of Maharashtra (2021): The Supreme Court allowed a minor to terminate her pregnancy beyond the 20 week legal limit, considering her socio-economic background and mental
health. The case emphasized the need to account for individual circumstances in abortion decisions.
2. X v. Principal Secretary, Health and Family Welfare Department (2022): This landmark decision in X v. Principal Secretary, Health and Family Welfare Department removed the artificial distinction between married and unmarried women in the Medical Termination of Pregnancy Act. The Supreme Court ruled that all women, regardless of marital status, have the right to seek an abortion within the legally permitted gestational period. The court emphasised that the Medical Termination of Pregnancy Act should not discriminate based on marital status and that the right to reproductive autonomy, privacy, and dignity under Article 21 applies equally to all women.
IMPACT ON MEDICAL – LEGAL SPHERE
1. Position of the Foetus under Indian Law: The Indian Constitution does not explicitly define the rights of a foetus. The Bombay High Court (2016), referencing international human rights law, held that a foetus does not possess legal rights until birth. This indicates a pressing need for clearer legislative articulation of foetal rights in India.
2. Problems in Accessing Late-Term Abortion: Medical Boards apply stringent criteria, approving abortions only in extreme or exceptional cases. Even severe congenital abnormalities often fail to qualify, compelling women to seek judicial intervention. For instance, a woman suffering from postpartum depression was denied termination at 26 weeks, despite health risks.
3. Implications of Advancements in Neonatal Medicine: With technological progress, premature infants born at 24–26 weeks can survive under intensive care. This development sparks debate on whether abortion rights should narrow with medical advances. However, linking abortion restrictions to neonatal viability may erode women’s reproductive autonomy.
4. Confidentiality concerns: Haryana’s Pregnancy Registration Mandate: The Haryana government’s policy mandating early pregnancy registration to prevent female foeticide has raised privacy concerns. Critics argue it violates women’s confidentiality rights under the MTP Act, potentially discouraging them from seeking legal abortions and increasing the risk of unsafe, unregulated procedures.
CONCLUSION
India’s abortion law, governed by the Medical Termination of Pregnancy (MTP) Act, has seen meaningful evolution since 1971, gradually shifting from a strictly medical framework to a more rights-based approach. The 2021 amendment was a progressive milestone—it extended the upper limit for termination to 24 weeks for certain vulnerable categories, recognized the rights of unmarried women, and emphasized the importance of mental health and personal autonomy in reproductive decisions. This shift reflects a growing recognition of women’s reproductive autonomy as an essential part of the right to life, dignity, and privacy under Article 21 of the Constitution. It also aligns India more closely with global human rights standards on reproductive
health. However, despite legal progress, several challenges persist. Social stigma, lack of awareness, inadequate rural healthcare infrastructure, and hesitation among medical practitioners still prevent many women—especially those from marginalized communities—from accessing safe abortion services. Moreover, the need for medical
board approvals in certain cases can lead to delays and further emotional distress.
