The Human Right to Late-Stage Abortion in India: A Legislative and Judicial Analysis of the Medical Termination of Pregnancy (Amendment) Act, 2021
摘要
This chapter reviews the judgments of the Indian Supreme Court and several High Courts since the coming into effect of the 2021 Amendment to the Medical Termination of Pregnancy (MTP) Act, 1971, to analyze how Indian courts have addressed the issue of late-stage abortion (after 24 weeks). The chapter finds that while many courts have upheld the spirit of the law, the judicialization of abortion has led to divergent approaches which have created an emerging line of case law in which abortion rights have not been upheld. In particular, the chapter also finds that some courts have improvised judicial doctrines to prevent late-stage abortions and have failed to consider international legal obligations. From the secondary data that the authors have relied on for exploring the reasons for abortions and impact the lack of safe and legal abortions have, the decision of courts to deny abortions is not conducive to the health and welfare of women. Ultimately, the chapter concludes that a new modification is necessary to the MTP to ensure that courts adhere to constitutional and international laws that uphold women´s personal autonomy and choice to terminate their pregnancies. In addition, there is a need to expedite the setting up of medical boards and sensitization of doctors.