Jurisprudential Transition of Criminalization of Abortion to Libralisation in India: A Progressive Approach Dr. Ara Husna* *Assistant Professor, Bihar Institute of Law, Patna (Bihar) Online Published on 09 August, 2024. Abstract Reproductive rights of women are as old as human civilization but its recognition as an intrinsic human right is of recent development. On the other hand, abortion is also as old as recorded history. Though in recent years there have been many instances of social movements and positive legislation aimed at bringing drastic changes towards the role and status of women in the modern society. The present paper aims to represent the societal changes towards reproductive rights of women as a basic human right. However, the abortion related controversies have be never played a significant role in mainstream political parties unlike the West. In -this article we will see how abortion laws has been liberalized. In 1960, India criminalized abortion, imposing penalties of imprisonment or fines for women who underwent the procedure. However, the Shantilal Shah Committee was formed in the mid-1960s to evaluate the need for a new law on abortion. As a result, the Medical Termination of Pregnancy (MTP) Act was passed in 1971. The main objective of the MTP Act 1971 was to legalize abortion to ensure safe access to the procedure while protecting women’s health and preventing unauthorized abortions. Section 3(2) of the act permits abortion only under specific circumstances and with certain restrictions. In 2021, the Medical Termination of Pregnancy (Amendment) Act was enacted to enhance access to safe and legal abortion services for therapeutic, eugenic, humanitarian, and social reasons. Though women’s constitutional right to make reproductive choices under Article 21 of the Indian Constitution has been recognized by the courts, the authority to make abortion decisions still lies with doctors. The amendment aims to provide universal access to comprehensive care for women seeking abortions and uphold their dignity, autonomy, bodily integrity, and privacy. The Justice K.S Puttaswamy case has brought clarity and nuance to previous rulings on women’s reproductive rights in India. The amendment’s purpose is to improve access to safe abortion in India and protect women’s rights. Abortion-related controversies in India have not significantly influenced mainstream political debate due to the moral and religious beliefs of the Indian public. Despite high judicial activism, abortion in India has evolved through Acts of Parliament and landmark legal decisions in response to changing social and cultural trends in India. In today’s time, where questions are raised on women’s rights in Western countries, where the Supreme Court itself bans violation of women’s right to abortion, then the role of the judiciary becomes important here. Abortion law in India has undergone significant changes in the last few years due to the changing social system and medical advancement in recent times. This paper highlights the judicial role and challenges in the ongoing process of liberalization. Top Keywords Abortion, Reproductive Rights, Right to Privacy, Termination of Pregnancy, Indian Penal Code, Judicial Activism, Liberalization. Top |