BackLAW
Lawyers, doctors say MTP law prioritises medical assent over women's autonomy; call for change
Legal and medical professionals in India argue that the MTP Act still prioritises medical approval over a woman's autonomy, despite a 2021 gestational extension. The piece cites court interventions, a Satara FIR, and a Supreme Court warning to AIIMS doctors, alongside calls for decriminalising abortion and shifting to a woman-centric model.
Why It Matters
The timeline shows ongoing tension between legal text, medical practice, and women's autonomy in India's abortion regime, highlighting calls for reform.
Timeline
6 Events
Critique of the law as 'service provider-centric' and gatekeeping by doctors
May 2026
Anubha Rastogi and other lawyers describe the MTP framework as 'service provider-centric', with medical boards and court involvement potentially outvoting individual doctors and turning clinicians into gatekeepers.
Calls to decriminalise abortion and grant full autonomy to women
May 2026
Demands from medical and legal voices, including Dipika Jain, to treat abortion as healthcare governed by the pregnant woman’s informed choice, and to decriminalise abortion to prioritise autonomy over doctors’ gatekeeping.
Supreme Court warning AIIMS doctors of contempt over a 30-week pregnancy case
May 2026
The Supreme Court warned AIIMS doctors of contempt proceedings if they did not terminate a 30-week pregnancy of a 15-year-old rape survivor, highlighting tensions between judicial intervention and medical decision-making.
FIR against Satara Civil Hospital gynaecologist in a case involving a 16-year-old rape survivor
May 2026
An FIR was filed against a gynaecologist at Satara Civil Hospital following a 'failed' MTP involving a 16-year-old rape survivor, which ended with the birth of a live baby who later died without medical attention.
2021: Upper gestational limit extended to 24 weeks
2021
The upper limit for termination was extended from 20 to 24 weeks in 2021, but commentators say the law still prioritises medical approval over a woman's autonomy.
1971: MTP Act introduced as an exception to protect doctors
1971
The article notes that the MTP Act emerged in 1971 mainly as an exception to protect doctors, framing abortion as a medical model rather than one centred on the woman's autonomy.