Abortion Rights: A Judicial Perspective In India

Saransh Tyagi, School of Law, Delhi Metropolitan Education (Affiliated to Guru Gobind Singh Indraprastha University)

ABSTRACT

The question of abortion rights in India is complicated by the interaction of sociocultural, medical, and legal elements. This essay explores the legal aspect of abortion rights, stressing the development of legal doctrine, significant court decisions, current issues, and possible future paths. Since the 1971 introduction of the Medical Termination of Pregnancy (MTP) Act, which set restricted requirements at first, the legal framework has undergone substantial evolution. By interpreting the constitutional protections of equality and privacy, landmark court rulings like Suchita Srivastava v. Chandigarh Administration (2009) and Nikhil D. Datar v. Union of India (2017) have strengthened women's reproductive autonomy and increased access to abortion services. Notwithstanding advancements, many obstacles persist, such as unequal service accessibility, socio-cultural stigma, and regional variations in healthcare infrastructure. While the 2021 MTP Amendment is a big step forward, it also sparks discussions about gestational restrictions and healthcare practitioners' ethical objections. In order to address these problems, the report makes the case for ongoing structural and legal changes, highlighting the need of destigmatizing abortion and providing comprehensive reproductive health care. In the future, we plan to push for global norms, expand access to healthcare, and encourage candid conversations to guarantee everyone's right to an abortion. In conclusion, even if court rulings have improved access to abortion in India, removing lingering obstacles and establishing a more inclusive and egalitarian framework for reproductive justice would need a multipronged strategy.