“REPRODUCTIVE AUTONOMY AND LEGAL ACCESS: A CRITICAL ANALYSIS OF ABORTION RIGHTS FOR UNMARRIED AND MINOR WOMEN IN INDIA.”

AUTHORS – RAMHAAREDDI S* & SUJA J**

* BA. LLB , LLM  CHENNAI DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM.

** BALLB (HONS), LLM CHENNAI DR. AMBEDKAR LAW COLLEGE PUDHUPAKKAM

BEST CITATION – RAMHAAREDDI S & SUJA J, “REPRODUCTIVE AUTONOMY AND LEGAL ACCESS: A CRITICAL ANALYSIS OF ABORTION RIGHTS FOR UNMARRIED AND MINOR WOMEN IN INDIA.”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 684-689, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

                    Reproductive autonomy forms the cornerstone of gender equality and human dignity, yet in India, the legal and social frameworks surrounding abortion continue to reflect deeply entrenched biases against unmarried and minor women. While the Medical Termination of Pregnancy (MTP) Act, 1971, and its subsequent amendments mark significant progress in expanding access to abortion, their implementation often remains mediated by stigma, medical gatekeeping, and restrictive legal interpretations. Historically, the law has privileged married women’s reproductive rights, framing abortion primarily within the context of marital legitimacy and maternal health, thereby rendering unmarried women legally invisible and socially marginalized. For minors, the situation is further complicated by the intersection of the MTP Act with the Protection of Children from Sexual Offences (POCSO) Act, which mandates reporting of all underage sexual activity. This creates a chilling effect, deterring minors from accessing safe abortions due to fear of criminal proceedings, parental disclosure, and loss of privacy.  Through a critical analysis of jurisprudence, including this study highlights the judiciary’s evolving role in extending abortion rights beyond traditional marital boundaries and in recognizing autonomy, privacy, and equality under the Indian Constitution. However, despite progressive judicial interventions, practical barriers it ranging from lack of awareness to denial of services by healthcare providers all there continue to impede meaningful access for unmarried and minor women. This research argues for a rights-based and inclusive reproductive health framework in India that balances the state’s protective obligations with individual autonomy. It emphasizes the need to dismantle social stigma, harmonize conflicting legal provisions, and recognize abortion not as a moral or medical concession but as a fundamental human right integral to equality, dignity, and bodily integrity. By foregrounding the lived experiences of unmarried and minor women, the paper contributes to feminist legal scholarship and advocates for reforms that align domestic laws with international human rights standards, ensuring safe, stigma-free, and accessible reproductive healthcare for all women in India