Abstract

This paper analyzes the various bioethical and legal issues present during late-term abortions in India, adopting the position that the U.S. pre-Dobbs Roe v. Wade standard of "fetal viability" should be implemented in that country. In India, the Medical Termination of Pregnancy (MTP) Act was amended in 2021, allowing abortions up to 24 weeks under very prescriptive circumstances —but with restrictive gestational limits that do not take into consideration advances in neonatal care nor the nuanced realities of women’s reproductive autonomy. Based on the comparative analysis of the abortion laws in US, UK, and Canada with qualitative insights from Indian health care providers and legal experts, Lastly this paper reveals how fixed gestational limits bring many challenges as they include diagnostic delays, judicial bypass requirement, socioeconomic disparities in access to safe abortion. The study argues India’s existing framework fails to strike an appropriate balance between fetal viability and women’s rights, often driving vulnerable groups to unsafe procedures or at the mercy of prolonged court cases. It suggests a revised, rights-based model that includes viability assessments or UK-style medical panels for post-viability cases, along with a focus on protections such as anti-discrimination language, provider training, and equitable access to health care. The paper highlights the need to address these issues in order to move towards a more compassionate abortion policy that is in line with contemporary medical practices and international human rights standards, and ultimately, one that values women's autonomy and well-being.

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