The Reform of Abortion Law in India: A Critique

Abstract

After six consecutive years of discourse, India has finally passed the amendment to its Medical Termination of Pregnancy (MTP) Act of 1971. This paper addresses the problems that the 2021 Amendment may prove to be inadequate to resolve, considering the existing practical lacunae between the vision of the legislation and the implementation of the law. It analyses and conducts a study on the numerous socio-economic factors that relates to the nuances of unlawful abortions, the extent to which this amendment has been able to address such problems, and how effectively has the Judiciary been able to provide appropriate remedies in accordance with the jurisprudence of the law of abortion. The paper also deliberates on the viability of the prescribed specialised Medical Board in the present infirm medical infrastructure of the country. Furthermore, several crucial elements of the concerned legislation have been left to be addressed by the MTP Rules that is yet to be enacted. This paper, in order to provide suggestive measures for such voids, attempts to strike a balance between the right to personal liberty and the right to life of an unborn, placing reliance on a comparative evaluation of the laws regarding abortion above the gestation period in other jurisdictions. In conclusion, the paper appreciates the gradual progression of abortion law in India while establishing a nexus with the recent relevant legislative developments and the socio-political role of the debate between pro-choice and pro-life in the judicial decision-making.