Title: Understanding abortion rights in India through a feminist jurisprudential lens

Authors: Khushi Patel; Vidhee More

Addresses: Gujarat National Law University, PDPU Road, Koba, Gandhinagar – 382421, India ' Gujarat National Law University, PDPU Road, Koba, Gandhinagar – 382421, India

Abstract: This research paper offers a comprehensive exploration of India's abortion laws, by employing the Legal Feminist School of thought. It traces the evolution of these laws from colonial times to the present, showcasing shifts driven by societal demands. Key judicial verdicts have been pivotal in shaping India's abortion rights. To form a broader comparative context, trajectories of abortion laws in India have also been analysed. Moreover, the paper also delves into abortion laws through a jurisprudential lens aligned with the views of eminent jurist Ronald Dworkin. The study also identifies legislative gaps like vague language and inadequate provisions for diverse demographics, advocating for inclusivity. In conclusion, the paper suggests augmenting the existing legal framework to establish a more equitable and effective foundation for abortion rights, encompassing vital recommendation.

Keywords: abortion rights; legal feminism; reproductive autonomy; feminist jurisprudence; Ronald Dworkin; abortion rights; Medical Termination of Pregnancy Act; 1971; Roe v. Wade; safe abortion; bodily autonomy.

DOI: 10.1504/IJHRCS.2025.145299

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.2, pp.198 - 215

Received: 01 Sep 2023
Accepted: 26 Sep 2023
Published online: 31 Mar 2025 *

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