Legal Status of Abortion Law in India

Abstract:

The abortion rights were not legalized before 1971 and was criminalized under Indian Penal Code. However, during 1971, the Indian Constitution had granted abortion rights to women. The Medical Termination of Pregnancy (Amendment) Act in 2021 extended the legal limit for abortion from 20 to 24 weeks of gestation with the consent of the woman and on the advice of one registered medical practitioner. Every woman in India irrespective of any discrimination as to the marital relationship, have a complete access to safe and secure abortion as far as it falls under the regime of certain conditions imposed by the MTP (Amendment) Act, 2021. Though, the availability of this right is guaranteed under reproductive rights, there is a certain percentage of women who choose uncertified professionals for the process of abortion which ultimately resulted in unsafe abortions leading to post-abortion complications. The article highlights the concept of abortion and its legal status in India.