FROM RESTRICTION TO RECOGNITION: THE LEGAL JOURNEY OF ABORTION RIGHTS IN INDIA

AUTHOR – ADITHYA M V NAIR, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – ADITHYA M V NAIR, FROM RESTRICTION TO RECOGNITION: THE LEGAL JOURNEY OF ABORTION RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 853-864, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of abortion has long been part of wider discussions about women’s rights, bodily autonomy, and the extent to which the state may regulate personal reproductive decisions. In India, abortion is primarily governed by the Medical Termination of Pregnancy Act, 1971, which was enacted to allow the termination of pregnancy under certain specified conditions while ensuring the safety of women. Over time, changing social realities, developments in medical science, and evolving constitutional interpretations have gradually influenced the way reproductive rights are understood within the legal system. As a result, the idea of reproductive autonomy has gained increasing attention in legal and academic discussions relating to women’s rights and personal liberty.

Reproductive autonomy broadly refers to a woman’s ability to make informed and independent choices about matters concerning her reproductive health, including whether to continue or terminate a pregnancy. This concept is closely linked with values such as dignity, privacy, and personal freedom, which are central to constitutional protections. Although the law provides a framework that permits abortion in specific circumstances, many women in India still encounter practical, social, and institutional challenges when seeking safe and legal abortion services. Judicial interpretation and legislative amendments in recent years have attempted to respond to some of these concerns by expanding the scope of protection and acknowledging the diverse situations faced by women.

This paper seeks to examine the development and changing scope of abortion rights in India by analysing the legal framework established under the Medical Termination of Pregnancy Act, 1971 and its subsequent amendments. It also considers how courts have interpreted reproductive autonomy in light of constitutional principles and fundamental rights. While the law has gradually moved toward recognising women’s reproductive choices, the study argues that several barriers continue to affect the effective realization of these rights in practice. By examining statutory provisions, judicial decisions, and existing challenges, the paper highlights the need for a more accessible and rights-oriented approach to reproductive healthcare in India.