INTRODUCTION

The termination of pregnancy/ abortion, is a deeply complex issue involving ethical, medical, and legal considerations. In India, the
statute governing abortion is the Medical Termination of Pregnancy (MTP) Act, 1971. This law has undergone amendments to adapt
to changing societal and medical needs, it provides a structure within which pregnancies can be legally terminated under specified
conditions. It tries to balance a woman’s reproductive rights with the state’s interest in protecting the woman’s health and the unborn
foetus. Before the Act’s enactment, abortion was criminalised under Section 312 of the Indian Penal Code (IPC), 1860, which
penalised both the woman and the medical practitioner involved in the abortion, unless it was carried out to save the woman’s life.
This act was introduced to provide legal access to safe abortion, aiming to reduce maternal mortality and morbidity arising from
unsafe procedures.
In 2021, the MTP Act was amended to expand access to abortion services, particularly for vulnerable women such as survivors of
rape, incest, and minors. The amendment also extended the gestational limits under certain conditions, allowing more women access
to safe abortion services while maintaining medical oversight.

GROUNDS
The MTP Act specifies certain conditions under which a pregnancy can be legally terminated:
● Up to 20 weeks of pregnancy: A pregnancy may be terminated based on the opinion of one registered medical practitioner if:
- Continuing the pregnancy would pose a risk to the life or physical/mental health of the woman.
- There is a substantial risk that the child, if born, would suffer from physical or mental abnormalities.
● 20 to 24 weeks of pregnancy:
- For certain categories of women (survivors of rape or incest, minors, or those with fetal abnormalities)
- two medical practitioners must agree that the termination is necessary.
● Beyond 24 weeks: Termination is allowed in cases of:
- severe foetal abnormalities
- Or if the procedure is necessary to save the life of the woman, based on the opinion of a medical board.
● Contraceptive Failure: The MTP Act also allows pregnancy termination in cases where contraception fails. Originally, this
was applicable only to married women, but the 2021 amendment extends this to unmarried women as well.

CASE LAWS
● Suchita Srivastava v. Chandigarh Administration (2009): In this landmark case, the Supreme Court recognized a woman’s
right to make reproductive choices as part of her personal liberty under Article 21 of the Constitution. The court held that a
mentally challenged woman had the right to decide whether to continue with her pregnancy.
● X v. Union of India (2017): In this case, the Supreme Court allowed a woman to terminate her 24-week pregnancy due to
severe fetal abnormalities. This judgment underscored the need for flexibility in gestational limits, especially in cases of fetal
abnormalities.
● Meera Santosh Pal v. Union of India (2017): The Court permitted the termination of a 22-week pregnancy because of severe
foetal defects. It reaffirmed that the physical and mental health of the woman should be the paramount consideration.
● X v. Principal Secretary, Health and Family Welfare Department (2022): The Supreme Court ruled that unmarried women
have the same rights as married women when it comes to safe abortions. The Court extended the interpretation of “failure of
contraception,” recognizing the rights of unmarried women to terminate pregnancies arising from consensual relationships.

INTERNATIONAL PERSPECTIVE
India’s abortion laws, especially after the 2021 amendment, are progressive compared to many other countries. For instance:
● United States: The right to abortion was initially protected under the landmark Roe v. Wade (1973) decision, which was
overturned in 2022 by Dobbs v. Jackson Women’s Health Organization, leading to significant restrictions on abortion rights
in many states.
● United Kingdom: Under the Abortion Act of 1967, abortions are permitted up to 24 weeks, provided specific conditions
related to the physical/mental health of the woman or foetal abnormalities are met. similar to India's, but more liberal in
terms of the gestational limit.
● Ireland: legalised abortion up to 12 weeks of pregnancy in 2018 that repealed the Eighth Amendment, which had previously
restricted abortion. After 12 weeks, abortions are allowed only under specific conditions.
● Argentina: In 2020, abortion up to 14 weeks legalised, marking a significant shift in abortion rights in Latin America, a
region known for its restrictive laws.
India’s legal framework, especially after the 2021 amendment, offers a balanced approach, recognizing both the reproductive rights of
women and the medical concerns surrounding late-term abortions, while many countries still struggle with more restrictive or unclear
policies.

CONCLUSION
This act and its amendments reflect India’s evolving stance on reproductive rights, focusing on providing safe, legal access to abortion
while balancing medical ethics and the protection of women’s health. The judiciary has consistently upheld a woman’s right to
autonomy over her body, ensuring that abortion laws are implemented with sensitivity and fairness. Compared to many other nations,
India has a relatively liberal abortion framework, but there is still a need to improve access and address societal stigma around
abortion