“Constitutional Provisions For The Abortion Law: Is There An Urgent Need For Upgradation ?”

Abstract

The Abortion Laws in India allow abortion only in very few circumstances which ultimately leaves women with no choice other than to perform the task themselves at home. Sexual crimes, the lack of decision making powers in women in India, multiple pregnancies, social taboos, social dynamics of our society as well as the crippling shortage of trained midwives and medical practitioners have all resulted in the creation of a complicated situation where a large number of abortions occur under the radar either by quacks or themselves. The result of unwanted pregnancies can be grave and adversely effects the lives of women and their families. The Abortion law in India is 38 years old and has become obsolete and needs urgent upgradation. A women's reproductive and sexual health, mental health, marital status, family dynamics, financial stability, personal needs, shape her reproductive choices. Reproductive rights are globally recognized as critical both to advancing women's human rights as well as in promoting development. The woman who is carrying the foetus has absolutely no agency over her body under the Indian abortion law. It is high time that we understand the needs of women with respect to the abortion laws and make amends accordingly.