The Right to Safe Abortion in India: Examining Legal Frameworks, Reproductive Health and Human Rights

Abstract

This paper critically analyses India's right to safe abortion from legal and reproductive-health and human-rights perspectives. It examines the changes in the Medical Termination of Pregnancy Act, 1971 and the changes brought about after its amendment in 2021 and the development of jurisprudence on the issue of reproductive autonomy. The research methodology is a doctrinal and qualitative approach, involving secondary sources of data (legislation, judicial decisions, government reports and scholarly publications) which evaluates the accessibility and safety of abortion services. The findings indicate that even though there have been important changes in the laws, socioeconomic factors, rural–urban differences, lack of knowledge and knowledge barriers as well as stigma and health problems continue to hinder the ability to access safe abortion. The study calls for a shift in the discussion on abortion from a legal perspective towards affordable, confidential, accessible and non-discriminatory healthcare provision to ensure women's autonomy, dignity, equality and right to health.