Right to Abortion under Article 21 of the Indian Constitution

The right to abortion has been a controversial and contested issue in India, with conflicting views among the judiciary, lawmakers, and society at large. This research paper aims to critically analyse the right to abortion as a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

The paper begins by providing an overview of the legal and policy framework surrounding abortion in India, including the Medical Termination of Pregnancy Act, 1971, and subsequent amendments. It then examines the constitutional validity of the abortion laws in India, with a focus on the right to privacy and reproductive autonomy.

The paper also delves into the various judicial pronouncements on the right to abortion, the paper critically analyses the scope and limitations of this right, particularly in cases involving the health and life of the mother, fatal abnormalities, and socio-economic factors. Furthermore, the paper explores the ethical and moral dimensions of abortion, including the right to conscientious objection and the role of religious and cultural beliefs. It also examines the impact of social stigma and discrimination on access to safe and legal abortion services, especially for marginalized communities.

The paper concludes by highlighting the importance of protecting and promoting the right to abortion as an integral component of women’s reproductive and health rights. It argues that the right to abortion is not only a matter of individual choice but also a constitutional imperative for ensuring gender equality, reproductive autonomy, and human dignity.