Abortion Law in India:
The Supreme Court of India delivered a landmark judgment permitting a woman to terminate her 30-week pregnancy, prioritizing reproductive autonomy over fetal viability.
- The ruling, led by Justice B.V. Nagarathna, sets a significant precedent by allowing termination well beyond the 24-week statutory limit for a woman who was a minor at the time of conception.
- Abortion in India is not an absolute right but a qualified legal right governed by the Medical Termination of Pregnancy (MTP) Act, 1971, and its subsequent amendments.
- It was enacted to provide a legal exception to the Indian Penal Code (IPC), which otherwise criminalizes voluntary termination of pregnancy.
- MTP Amendment Act 2021 is major update increased the upper gestation limit from 20 to 24 weeks for special categories of women.
- Unsafe abortions remain a leading cause of maternal deaths in India; the MTP Act was originally designed as a public health measure to provide safe, regulated services.
- Since 2021, over 1,100 cases have reached High Courts and the Supreme Court as women seek permission for abortions beyond the statutory limits.
- The 2026 judgment is one of the highest gestational ages (30 weeks) ever permitted for termination by the Indian apex court.
- In 2022 (X v. Principal Secretary, Delhi), the SC ruled that unmarried women are equally eligible for abortions up to 24 weeks, ending a long-standing legal discrimination.
