Access to safe abortion is one of the key aspects of the Reproductive rights guaranteed under the Constitution of India. Every woman irrespective of their status is entitled to the safe and legal abortion. However, the necessity for guardian approval in cases involving minors presents a considerable obstacle for minors seeking safe abortions. This paper examines the issue of requirement of guardian consent under the Medical Termination of pregnancies act, 1971 for abortion in the case of minor girls whether married or not. In addition to this, it also explores the complexities surrounding the necessity of guardian consent, its impact on individual’s reproductive rights and body autonomy and the broader implications on women’s healthcare.
Furthermore, this paper also explores the international perspective on guardian consent by examining and analyzing United States of America approach towards it. The aim of this paper is to give a thorough knowledge of the worldwide discourse on guardian permission for abortion by contrasting various legal environments and cultural situations. It promotes a rights-based strategy that recognizes that everyone has the universal right to make autonomous decisions about their bodies, regardless of their age or marital status.
In conclusion, this paper significantly advances the current discussion on legal requirements and reproductive rights. It advocates for changes that are consistent with international human rights standards and assuring that everyone, including minors and adult people, can exercise their right to a safe and legal abortion.
