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.