Abortion: History and Law in India

Jindal Global Law School, India

Volume III, Issue IV, 2020

Even in the 21st century, most women in India is still not able to access the proper abortion facilities. Abortion is still playing a major role in the life of women. In some cases, they have to abort it in their home because the hospital will take them as a patient. Even after all the law and government practices, the women of our country are still struggling. This paper critically analyses the history of abortion law and the polices that are currently in place. The changes that took place in the Medical Termination of Pregnancy Act, including the various sections that were added into it. The paper critically analyses Section 312 of IPC and the various flaws which remained unnoticed till date. It also explains the loopholes both from the past and present by taking example of various cases. In the end, the paper suggests remedies which the government can do to improve the lack of abortion facilities.

Keywords: abortion, section 312 IPC, sex determination, medical termination of pregnancy act.