From Rights To Discretion: A Critical Empirical Analysis Of The Implementation Of The MTP Act, 2021
- IJLLR Journal
- May 9
- 1 min read
Samiksha Sharma, Faculty of Law, University of Delhi
ABSTRACT
The Medical Termination of Pregnancy (Amendment) Act, 2021, was enacted to expand access to abortion and move Indian law closer to a rights- based framework. At the level of statutory design, the amendment reflects a shift towards greater inclusivity. Its implementation, however, tells a different story. This paper examines how the provisions of the MTP Act operate in practice through a pilot empirical study conducted in government and private hospitals in the Delhi-NCR region.
The study draws on responses from gynecologists and forensic experts and identifies a recurring pattern: awareness of legal provisions does not ensure their consistent application. Practices relating to counseling, referrals, and post-abortion care vary across institutions and are shaped by infrastructural constraints, perceived legal risks, and institutional culture. In this setting, access to abortion is not determined solely by legal eligibility but by how individual practitioners interpret and apply the law.
Situating these findings within constitutional jurisprudence on privacy and personal liberty, the paper argues that reproductive autonomy under the MTP framework remains mediated by medical discretion. The result is a form of conditional access, where the exercise of a right depends on institutional and professional filters. Without addressing these structural conditions, the expansion of statutory rights is unlikely to translate into meaningful access in practice.
Keywords: Reproductive Autonomy; MTP Act, 2021; Abortion Law in India; Empirical Legal Research; Medical Discretion; Healthcare Regulation.
