India’s Abortion Law And The Illusion Of Choice: Conditional Rights Under The MTP Act
- IJLLR Journal
- 2 hours ago
- 2 min read
Shraddha Seth, Guest Faculty, University Law College, Utkal University, Bhubaneswar, Odisha
ABSTRACT
India’s legal framework on abortion, anchored in the Medical Termination of Pregnancy (MTP) Act and its 2021 amendment, was intended to expand access by extending the gestational limit to 24 weeks for select categories of women. However, this paper critically examines how the very structure of these provisions often creates legal barriers to access, compounding existing social and procedural constraints. The reliance on Registered Medical Practitioners (RMPs), the requirement of Medical Board approvals for abortions beyond 24 weeks, and the restrictive categorisation of eligible women under Rule 3B collectively transform access into a conditional entitlement. These legal filters, while framed as safeguards, frequently delay time-sensitive care, thereby converting a right into a request.
This doctrinal and case-based study reveals how courts have applied these provisions inconsistently, thereby creating legal uncertainty. While some High Courts have permitted abortions beyond 24 weeks on grounds such as foetal abnormalities or grave mental distress, others have refused relief even in compelling circumstances. An recent example is the Delhi High Court’s 2024 ruling in R v. Union of India, where permission for abortion at 29 weeks—granted due to the petitioner’s suicidal ideation following her husband's death—was later withdrawn on grounds of foetal viability, despite Rule 3B(c) recognising widowhood as a valid ground.
The paper contrasts this conditional and unpredictable framework with France’s 2024 constitutional amendment explicitly recognising abortion as a fundamental right, arguing that India must shift towards a rights-based approach. It recommends judicial sensitivity to mental health claims, legislative recognition of psychological distress as an independent ground, and a consistent interpretative framework that affirms reproductive autonomy under Article 21 of the Constitution.
