LEGALITY OF ABORTION

AUTHOR – B. SMRUTHI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR

BEST CITATION – B. SMRUTHI, LEGALITY OF ABORTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 49-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Abortion is still one of the most contentious and controversial topics within the area of reproductive rights and healthcare. Laws regarding abortion in India have changed substantially over time, based on changing social attitudes, advances in medicine, and changing legal conceptions.

Medical Termination of Pregnancy Act, 1971, is the law that regulates abortion in India. It allows termination of pregnancy in certain circumstances like danger to the life of the mother, serious foetal abnormalities, or failure of any contraceptive used by the couple. These provisions are made to protect women’s health while keeping in view the intricacy of reproductive choices.

The MTP Amendment Act, 2021, made significant reforms by increasing access to abortion services. Among the most significant reforms is the increase in the gestational limit for abortion from 20 to 24 weeks for specific categories of women, such as survivors of sexual assault, minors, and situations involving foetal abnormalities. The amendment is a progressive step in acknowledging women’s reproductive autonomy.

The Supreme Court of India in its path-breaking verdicts has been at the forefront in the interpretation and consolidation of abortion rights. The Court has held that right to decide in regard to one’s body comes under the purview of the constitution Article 21.

Around the world abortion and laws and policies differ but the central issue remains the same balancing a woman’s right to autonomy, privacy, and health with moral, ethical, and societal considerations.

This paper seeks to analyse the historical development, existing legislative standards, and social effects of laws on abortion with special reference to India’s progress toward inclusive and safer reproductive health policies.

Keywords: Termination, foetal, gestation