Beyond The Medical Termination Of Pregnancy Act: Harmonizing India’s Legal Regime On Abortion And Reproductive Justice
- IJLLR Journal
- Jul 18
- 1 min read
Kuldeep Singh, LL.M., NALSAR University of Law, Hyderabad
B.A.LL.B. (Hons.), Hidayatullah National Law University, Raipur
ABSTRACT
This article critically examines the legal framework governing Medical Termination of Pregnancy in India, focusing on the intersection of statutory provisions, judicial interpretations, and public health implications. While the Medical Termination of Pregnancy Act, 1971 (MTP Act) was a progressive step in legalizing abortion under specified conditions, its implementation reveals deep-seated contradictions and systemic shortcomings. The article analyzes penal provisions under the Indian Penal Code that criminalize abortion, juxtaposed against the liberal intent of the MTP Act. It further explores the complexities arising from the concurrent enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, which often create conflicting obligations for healthcare providers and hinder adolescents’ access to safe abortion services.
The article identifies critical gaps, including over-medicalization, denial of reproductive autonomy to unmarried women, lack of rural access, and the failure to address pregnancies resulting from marital rape or coercion. It concludes with concrete recommendations for legal reform—such as clarifying key statutory terms, harmonizing contradictory laws, expanding provider eligibility, and reinforcing a rights-based approach—to align abortion access with constitutional guarantees of dignity, equality, and bodily autonomy.
