Analysis of the Medical Termination of Pregnancy (MTP) Act 2021: Indian Law, Amendments, and the Rights of the Unborn

Abstract

The Medical Termination of Pregnancy (MTP) Act, first enacted in 1971, marked a pivotal moment in Indian reproductive health legislation by legalizing abortion under defined circumstances to reduce unsafe practices. The 2021 amendment sought to expand access, raising the upper gestational limit from 20 to 24 weeks for specific vulnerable categories of women, recognizing the reproductive autonomy of unmarried women, and eliminating spousal consent requirements. Despite these advances, recent judicial interpretations, particularly the Supreme Court’s 2024 refusal to permit termination of a 30-week pregnancy, underscore the ongoing tension between reproductive rights and the rights of the unborn. This review critically examines the historical evolution, amendments, and current provisions of the MTP Act in light of global legal frameworks. It highlights persisting lacunae, including inadequate recognition of mental health grounds, bureaucratic hurdles in late-term abortions, definitional ambiguities regarding fetal abnormalities, and limited public awareness. Comparative insights from jurisdictions such as the United States, United Kingdom, France, and Germany illustrate diverse approaches to balancing women’s autonomy and fetal viability. The analysis concludes that while the MTP Amendment 2021 represents progressive reform, further refinements are essential to ensure reproductive justice. Policy recommendations include recognizing psychological distress as a valid ground beyond 24 weeks, streamlining Medical Board procedures, enhancing public awareness, and harmonizing Indian law with international best practices. By situating the Indian experience within a broader ethical and legal discourse, this review underscores the need for a more nuanced, rights-based approach to abortion regulation.