Abortion In India: From Criminalization To Liberalization

Jaspreet Singh, BA LLB, The Law School, University of Jammu

ABSTRACT

Prevalence of the practice of ‘abortion’ over centuries, its criminalization in the colonial era, the opinion and changing attitude of the Indian legislature towards abortion and the process of its liberalization are the significant and remarkable phases in the evolution of the concept of abortion in India. The Indian debate about abortion revolves around two perspectives – it being a crime and another perspective of it being a matter of choice and freedom of reproductive control of women. A major aspect to explore in this context is the marked transformation of the approach towards abortion in India. Readings from reports, surveys, committees and judicial decisions indicate towards the complex nature and show unanticipated outcomes in the course of abortion in India. At times, committees have been tasked to look into the matter of abortion law and their effective implementation. Various legislative measures have also been taken and laws on abortion have been made by different governments over years since independence and amended frequently with the passage of time. Furthermore, the Indian judiciary has also played an active and exceptionally superlative part in promoting the idea of ‘healthy abortion’ by providing it the umbrella of protection under Article 21 which is enshrined in Part-III of the Indian Constitution and declared it as a matter of privacy, and has, therefore, expanded the scope of the option of terminating the pregnancy.