Right to Abortion in India: A Critical Appraisal of Legislative and Judicial Initiatives

  • Dr. Jaswinder Kaur and Chitrarekha Bhardwaj
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  • Dr. Jaswinder Kaur

    Assistant Professor at Rajiv Gandhi National University of Law, Punjab, Patiala, India

  • Chitrarekha Bhardwaj

    LL.M. student at Rajiv Gandhi National University of Law Punjab, Patiala, India

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Abortion rights have been a controversial topic in India for several decades. The debate centers on the right of a woman to make a choice about her body and the authority of the State to regulate the reproductive rights of women. In India, abortion is legal under certain circumstances, but the process of accessing safe and legal abortions remain a challenge for many women. This research paper delves into the complex and fascinating history of abortion rights across the globe, with a particular focus on the United States and India. Through a meticulous examination of landmark cases, including the highly influential Roe v. Wade presents a comprehensive overview of the evolution of abortion rights in America. Additionally, the recent Dobbs v. Jackson Women's Health Organization (2022) case and the contentious impact of political strife on women's rights are explored in detail. In the Indian context, this paper provides an in-depth analysis of Medical Termination of Pregnancy (MTP) Act (1971), and the latest MTP Amendments Act (2021). The 2022 Supreme Court judgment in X v. Principal Secretary, Health and Family Welfare Department, Govt of NCT of Delhi is also dissected, lending new insights into the current state of abortion rights in India. The conclusion offers valuable insights and recommendations for the advancement of women's reproductive rights in both countries.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2223 - 2237

DOI: https://doij.org/10.10000/IJLMH.114285

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