Dr. Christabell Joseph, Associate Professor, School of Law, Christ University, Bangalore
ABSTRACT
Abortion is defined as the artificial or spontaneous termination of a pregnancy before the embryo or foetus can survive on its own outside a woman’s uterus, in the black’s law dictionary. Spontaneous termination is often called a miscarriage whereas artificial termination is known is as Medical Termination of Pregnancy. Abortion has become a controversial topic around the world with mainly two views: pro-life and pro-choice. This article covers the growth of judicial response in India since the enactment of Medical Termination of Pregnancy Act, 1971. The current position in India is more towards pro-choice even though the idea behind enacting the legislation was to regulate abortion for safe abortions. It also briefly covers the ethical and feminist view on the subject. In author’s believe protecting access to abortion effectuates vital constitutional values, including dignity, autonomy, equality, and bodily integrity.
