The discourse on abortion rights in India intersects significantly with the Indian Constitution, particularly concerning the right to life and personal liberty enshrined in Article 21, and the right to equality under Article 14. While the Constitution does not explicitly mention abortion, judicial interpretations and legislative enactments have shaped the legal landscape.

Constitutional Interplay:

• Article 21: Right to Life and Personal Liberty:

• • The Supreme Court has expanded the scope of Article 21 to include the right to reproductive autonomy, which encompasses a woman's right to make decisions about her body and reproductive health.
• • This interpretation aligns with the notion that forcing a woman to carry an unwanted pregnancy violates her personal liberty.

• Article 14: Right to Equality:

• • The MTP (Amendment) Act, 2021, and subsequent court rulings have addressed concerns regarding equality by removing discriminatory barriers to abortion access, particularly for unmarried women.
• • Earlier restrictions disproportionately affected women from marginalized communities, highlighting the need for equitable access to reproductive healthcare.

• Directive Principles of State Policy:

• • While not directly enforceable, the Directive Principles, particularly those concerning public health and welfare, provide a framework for the state to ensure access to safe and legal abortion services.

Legislative Framework: The Medical Termination of Pregnancy (MTP) Act:

• MTP Act, 1971:

• • This act was enacted to legalize abortion under specific conditions, primarily to safeguard women's health and reduce unsafe abortions.
• • It outlined permissible grounds for abortion, including risks to the mother's life, physical or mental health, pregnancies resulting from rape, and fetal abnormalities, initially up to 20 weeks of gestation.

• MTP (Amendment) Act, 2021:

• • This amendment brought significant changes, expanding access to safe abortion services.
• • Key provisions include:
• • Increasing the gestational limit to 24 weeks for specific categories of women, including survivors of sexual assault, minors, and women with disabilities.
• • Extending abortion access to unmarried women, addressing a long-standing discriminatory practice.
• • Emphasizing the importance of protecting the privacy of women seeking abortions.

• Judicial Interpretations:

• • The Supreme Court has played a crucial role in interpreting the MTP Act and upholding women's reproductive rights.
• • Recent rulings have reinforced the principle of reproductive autonomy, emphasizing that a woman's right to choose is paramount.
• • The courts are also increasingly looking at the mental health of the pregnant person, when determining if an abortion should be allowed.

Challenges and Considerations:

• Despite legal advancements, access to safe abortion services remains uneven, particularly in rural areas and among marginalized communities.

• Social stigma and cultural barriers continue to hinder women from exercising their reproductive rights.

• The ongoing debate surrounding fetal viability and ethical considerations related to late-term abortions adds complexity to the legal landscape.

In summary India's legal framework on abortion is evolving, reflecting a growing recognition of women's reproductive autonomy within the constitutional framework. The MTP Act, as amended, and judicial interpretations are shaping a more progressive approach to abortion rights, while challenges remain in ensuring equitable access and addressing societal barriers.