Indian courts have shown marked inconsistencies in abortion rulings over the past five years, often delaying or denying access despite clear provisions in law, according to a new study released on Monday.
The Centre for Health Equity, Law and Policy at the Indian Law Society, Pune, published its report, “The Bench and the Body: An Analysis of Abortion Jurisprudence in India (2019-2024),” examining 1126 cases decided under the Medical Termination of Pregnancy Act, 1971, and its 2021 amendments in the high courts and Supreme Court of India
From 2019 to 2024, Indian courts have denied approximately 1 out of 10 abortion pleas, the report claims.
The study found that courts denied 11.28% of abortion pleas, with nearly 82% of those denials aligned with Medical Board opinions. Judges often invoked the idea of a “viable foetus” or the rights of the unborn child, terms not found in the law, as grounds for refusal.
Of the cases reviewed, 52% involved minor rape survivors, 32% concerned severe fetal abnormalities, and about 9% were filed by adult rape survivors. Courts approved 180 terminations beyond the 24-week legal limit, but the outcomes varied widely across jurisdictions even in similar cases.
Researchers said courts frequently imposed delays — in some cases stretching to three months — without justification, undermining access to time-sensitive abortion care. The report also noted instances where husbands were made parties to cases, despite the law requiring only the pregnant woman’s consent.
“The findings of this study bring to light the challenges women face in accessing abortion and in realising their right to health,” the authors wrote. “It underscores the urgent need for a consistent, rights-based approach in abortion jurisprudence, one that recognises women’s autonomy and reproductive choices.”
The analysis also highlighted how judicial language sometimes reflected a limited understanding of female biology and ignored constitutional rights of privacy, autonomy and dignity. Courts occasionally used undignified language in cases involving rape survivors or women whose relationship status had changed.
Data reveal that while 80% of abortion pleas were permitted, a significant proportion involved women who were already legally entitled to access abortion without judicial intervention. Particularly stark is the number of minors and survivors of sexual violence compelled to approach courts, often due to fear-driven denials by medical practitioners and ambiguity around legal obligations.
The study, conducted over 14 months by a team of lawyers, builds on earlier research and focuses on rulings after the 2021 amendments that expanded access under the MTP Act. It concludes with a strong call for systemic reforms — decriminalisation of abortion, clearer regulatory guidance for healthcare providers, and a shift toward a gender justice framework — to uphold women’s autonomy, dignity, and fundamental rights.
