Do most Indian women have access to safe abortion?

Today, the Supreme Court is scheduled to hear an important case related to the abortion plea of a 27-year-old mother of two children. The case, which has thrown up key questions on the decisional autonomy of a woman to abort and the legislative framework, has taken several twists and turns. On October 9, the apex court permitted the abortion, but then put it on hold. On October 12, it advised the woman to reconsider her decision, and a day later, it called for a fresh medical report to indicate the woman’s foetal health and medical condition. The woman, however, is firm on her plea for termination of her 26-week pregnancy.

Whichever way the proceedings go eventually, this is a seminal case, with many key ideas, such as foetal viability in abortion and the rights of an unborn child being discussed. But the larger question is: do most Indian women have access to safe abortion? No. While abortion is legal, mindless rules often create barriers. Besides, social stigma makes it challenging for women to exercise their rights. A 2021 National Law School of India University (NLSU) study says the law leaves the final decision on abortion to doctors. But doctors are not impervious to the notions of morality, shame and guilt. The Medical Termination of Pregnancy (MTP) Amendment Act, 2021, and the overlapping mandates of the Protection of Children from Sexual Offences Act and the Pre-Conception & Pre-Natal Diagnostic Techniques Act, also creates hurdles. Add to these an understaffed, ill-equipped healthcare system.

For safe, accessible abortion to become a reality, one must train and sensitise healthcare staff, improve awareness about the legality of abortion, and create pathways for women to get abortion services. And destigmatise abortion.