Abstract

Abortion laws in India have evolved significantly since their inception. This paper provides a comprehensive analysis of the legal framework regulating abortion in the country. Additionally, the authors address the inconsistency between individual autonomy over one's body and the selective privileging of certain pregnancy sub-classifications permitted by current Indian abortion laws. The Medical Termination of Pregnancy Act of 1971 was enacted when such laws were largely absent in most other countries. It represented a major breakthrough, especially given that prenatal sex determination and female foeticide were illegal at the time due to India’s cultural preference for male fetuses over female fetuses. The study also explores the scope and justification of state intervention as parens patriae to protect the health of both the mother and the embryo in the context of abortion.

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