Abortion jurisprudence in the Supreme Court of India: Is it the woman’s choice at all?

February 8, 2019

In the last few years, the Supreme Court has passed several decisions on reproductive rights. This post specifically analyses the abortion jurisprudence of the Supreme Court over the last few years. The law governing abortions is the Medical Termination of Pregnancy Act, 1971 (“MTP Act”). Section 5 allows the termination of pregnancy beyond 20 weeks if it is immediately necessary to save the woman’s life. In all cases of abortion after 20 weeks that have come before the Court, the Court constitutes a Medical Board, an expert committee of medical professionals that produces a Report.