Jhalak Singhal, SOL, UPES, Dehradun
ABSTRACT
How is a woman, particularly one who is carrying a child in her womb, supposed to be a bugbear? Male or female child both could be conceived by a woman. She is in a position where this distinctive feature works both favorably and unfavorably for her. The freedom to become a mother is always available with a female, but the question of whether or not she has the choice to have an abortion is contentious. Here, a female who seeks control over her body is at battle with an unborn child.
Thus, till the time a female contends and seek authority over their own bodies and reproductive processes, there is no freedom, no equality, and no possibility of complete human dignity and individuality for them. Therefore, individuals are entitled to choose whether to undergo an abortion or not.
A concise summary of the Indian abortion law's applicability is given. The main abortion-related court rulings in India and the constitutional restrictions on such laws are examined. The bar for physical autonomy, which relates to reproductive autonomy, has been raised as a result of the 2017 ruling in Justice K.S. Puttaswamy v. Union of India. Ultimately, an effort has been made to describe the best strategy to be used in relation to the Medical Termination of Pregnancy Act, 1971, by outlining how the improvements in medicine and societal changes today call for a reform in the law.
