Abortion Rights in India: Associated Issues and Solutions

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Abortion Rights in India: Associated Issues and Ways to Address Them 


In India, women's right over her bodily autonomy and reproductive freedom is recognised by Supreme Court of India under Article 21 of Indian constitution, and the abortion right is guaranteed under Medical Termination of Pregnancy (Amendment) Act, 2021. However various conditionalities of laws and the societal stigma associated with women's reproductive freedom act as an impediment to women's access to safe and legal abortion in India. 


Abortion Rights, laws, constitution, supreme court



Issues Associated with the Right to Safe and Legal Abortion in India 

1) Issues with Medical Termination of Pregnancy (Amendment) Act: There are some issues with India's MTP act which restricts its effectiveness to give women the required autonomy, and these issues are 

  • MTP act doesn't recognise situation of transgenders.
  • This act doesn't have any provision for abortion at will or socio-economic situation.
  • This act doesn't mention any time limit for medical board decision and offers them lots of discretionary powers. 


2) Insufficient Medical Infrastructure: Shortage of qualified medical practitioners in India, especially in rural and remote areas adds to the woes and becomes a challenge for access to safe abortions. Limited availability of authorized healthcare providers in certain areas may lead women to resort to unsafe practices, posing risks to their health, especially when pregnancies between 20-24 weeks requires advise of 2 medical practitioners. Rural areas often face challenges in accessing safe and legal abortion services, leading to a divide in healthcare accessibility between urban and rural regions. 


3) Social Stigma: Despite legal provisions, societal stigma and prejudices around women's reproductive choices and abortion persists, especially for unmarried women, affecting women's decisions and discouraging them from seeking timely and safe procedures.Fear of judgment from family members, peers, and the community can create a reluctance to openly discuss or seek abortion services. Women may face social ostracization or strained relationships as a result. 


4) Lack of Awareness: Lack of awareness about abortion laws and rights, and the harmful effects of unsafe abortion process, can result in women not fully understanding their options, leading to delays in seeking appropriate medical care and them seeking help from unqualified practitioners. A deficient sexual education curriculum in schools contributes to the lack of awareness. Comprehensive sex education is crucial in informing individuals about reproductive health, contraception, and abortion options.


Ways to Address this Issue 


1) Amendments in Medical Termination of Pregnancy Act: A comprehensive policy reform is required to address evolving societal perspectives on reproductive rights and to ensure that legislation is in line with the changing needs of women. 

For example, expanding the eligibility criteria for abortion to include socioeconomic factors, mental health considerations, or contraceptive failure and including transgenders in the act. 


2) Spread Awareness: Various media channels, including television, radio, social media, and community outreach programs should be utilised to conduct extensive awareness campaigns to educate the public about abortion rights, legal provisions, and the importance of destigmatizing reproductive choices. Creating a supportive environment that respects women's reproductive choices is crucial for overcoming the stigma associated with abortion and will encourage women to seek help from qualified practitioners. 


3) Comprehensive Sex Education: Integration of comprehensive sex education into school and college curriculum to provide accurate information about reproductive health, contraception, and abortion will help individuals make well-informed choices, and be aware about the potential consequences, and available support. It should also be ensured that educational programs are culturally sensitive and age-appropriate. 


4) Empower Healthcare Providers: Healthcare providers should be given regular training on the latest guidelines and best practices for abortion services, emphasizing the importance of providing non-judgmental, supportive, and confidential care to individuals seeking abortion services. Services like pre-abortion and post-abortion counseling services should be given to ensure that individuals are well-informed about their choice. 


5) Improve Access to Services: Government should focus on improving access to safe and legal abortion services, particularly in rural and underserved areas. Healthcare providers like ASHA workers, ANM and nurses should be given appropriate training to include them under qualified medical practitioners to conduct safe abortions, which will ensure that authorized healthcare providers are available across regions.



Abortion is not just a medical issue, but a broader issue comprising women, child and the State, as the right is subjected to State sanctioned conditionalities. However, amendments are required to address evolving societal perspectives and women's reproductive rights and bodily autonomy. By adopting a holistic approach that combines legal reforms, education, healthcare improvements, and community engagement, India can work towards creating an environment that respects and protects abortion rights. 

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