Roe v. Wade Overruled: Availability, but not Accessibility of Abortion in India
Roe v. Wade Overruled: Availability, but not Accessibility of Abortion in India
The overturning of Roe v. Wade by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization (2022) reignited global debates on abortion rights. While the U.S. now leaves abortion legislation to individual states, India presents a contrasting picture — abortion is legally available, but often not accessible in practice.
⚖️ Legal Framework in India:
Medical Termination of Pregnancy (MTP) Act, 1971
Legalizes abortion under specific conditions.
Amended in 2021 to enhance access and remove some restrictions.
Key Provisions of the MTP (Amendment) Act, 2021:
Abortion allowed up to 20 weeks with one doctor's opinion.
20–24 weeks: Allowed for certain categories of women (e.g., rape survivors, minors), with two doctors’ approval.
Beyond 24 weeks: Only with approval from a Medical Board in cases of substantial fetal abnormalities.
Law is now marital status neutral — recognizes unmarried women’s right to abortion.
🟢 Availability in Law:
Progressive framework compared to many countries.
Indian courts (e.g., X v. Principal Secretary, 2022) have interpreted the law liberally, expanding reproductive rights.
Supreme Court recognized abortion as part of bodily autonomy and privacy under Article 21 (Right to Life).
🔴 Challenges in Accessibility:
Despite legal availability, real-world access is limited due to:
1. Lack of Medical Infrastructure
Many rural areas lack qualified doctors and certified abortion facilities.
Shortage of trained professionals, especially for abortions beyond 20 weeks.
2. Stigma and Social Barriers
Deep-rooted social taboos, especially for unmarried women and adolescents.
Moral policing and judgmental attitudes discourage women from seeking safe abortions.
3. Mandatory Medical Board Approvals
For abortions beyond 24 weeks, the requirement of Medical Board approval causes delays and inconsistency.
Boards are not always functional, especially in smaller towns or states.
4. Lack of Awareness
Many women are not aware of their legal rights under the MTP Act.
Health workers and doctors may also be ill-informed or hesitant.
5. Intersectional Disadvantages
Dalit, Adivasi, disabled, queer, and poor women face greater barriers due to discrimination and economic limitations.
⚖️ Comparative Note on Roe v. Wade Overruling:
| Aspect | USA (Post-Roe) | India |
|---|---|---|
| Legal Status | Depends on state laws | Abortion legal under MTP Act |
| Right to Abortion | No longer a constitutional right | Recognized as part of Right to Privacy |
| Accessibility | Varies widely; some states ban it outright | Legally permitted but practically limited |
📌 Conclusion:
India offers a more liberal legal framework than post-Roe U.S. in terms of abortion rights.
However, accessibility remains a major issue, especially for marginalized groups.
Bridging the gap between law and practice requires:
Better healthcare infrastructure
Sensitization of medical professionals
Awareness campaigns
Policy focus on safe, stigma-free reproductive healthcare
RELATED Blog
0 comments