Do Laws Carry History? A Study of Abortion in the Indian Subcontinent
DOI:
https://doi.org/10.14738/assrj.1306.11913Abstract
This paper examines whether contemporary abortion law and discourse in India carry traces of earlier frameworks governing reproduction in the Indian subcontinent. Drawing on religious, legal, and medical texts from the Vedic period onwards, alongside colonial legislation, parliamentary debates surrounding the Medical Termination of Pregnancy (MTP) Act and its 2021 amendment, and insights from reproductive health practice, the paper traces changing approaches to abortion across time. It argues that while authority over abortion shifted from religious and normative traditions to colonial criminal law and later to medical regulation, enduring concerns around lineage, legitimacy, morality, and social order continue to shape abortion discourse. The paper finds that legal reform has expanded access and adopted more inclusive language, yet abortion remains framed as a conditional and regulated exception rather than an autonomous right. Contemporary abortion law thus reflects not a clean break from the past but a layered inheritance of historical ideas and institutions.
References
Damian, Constantin Iulian. (2010). ABORTION FROM THE PERSPECTIVE OF EASTERN RELIGIONS: HINDUISM AND BUDDHISM. Revista românǎ de bioeticǎ. 8. 124-136.
N. M., Naseera and Kuruvilla, Moly (2022). The Sexual Politics of the Manusmriti: A Critical Analysis with Sexual and Reproductive Health Rights Perspectives. Journal of International Women's Studies, 23(6), 21-. Available at: https://vc.bridgew.edu/jiws/vol23/iss6/3
Joseph, C. (2024). The evolving landscape: Abortion laws in India. International Journal of Creative Research Thoughts (IJCRT), 12(5).
Varsha Chitnis & Danaya Wright, The Legacy of Colonialism: Law and Women's Rights in India, 64 Wash. & Lee L. Rev. 1315 (2007).
Paliwal, A. (n.d.). The emotional world of Mughal women in imperial courtly culture: Depression, anxiety, rage and resilience. Department of History, Jesus and Mary College, University of Delhi.
SHARAFI M. Abortion in South Asia, 1860–1947: A medico-legal history. Modern Asian Studies. 2021;55(2):371-428.
Ray, S. (2015). PROFESSOR P.S. GUPTA MEMORIAL & J.C. JHA PRIZED PAPER: WOMEN’S CONCERN FOR WOMEN’S HEALTH IN COLONIAL INDIA. Proceedings of the Indian History Congress, 76, 539–545. http://www.jstor.org/stable/44156619
Butalia, U. (1993). Community, State and Gender: On Women’s Agency during Partition. Economic and Political Weekly, 28(17), WS12–WS24. http://www.jstor.org/stable/4399641 Ayurvedic Insights into Recurrent Abortions: A Comprehensive Literature Review. (2025). AYUSHDHARA, 12(1), 242-252. https://doi.org/10.47070/ayushdhara.v12i1.1959
Menon, R., & Bhasin, K. (1998). Borders & boundaries: Women in India’s Partition. Rutgers University Press.
Gupta, C. (2005). Procreation and pleasure: Writings of a woman Ayurvedic practitioner in colonial North India. Studies in History, 21(1), 1–38. https://doi.org/10.1177/025764300502100102 ‘The fate of a woman...’: How former MP Lakshmi Kantamma fought in Parliament for abortion rights Government of India. (1971a, May 26). Rajya Sabha debates on the Medical Termination of Pregnancy Bill. Parliament of India.
Government of India. (1971b, August 2). Lok Sabha debates on the Medical Termination of Pregnancy Bill. Parliament of India.
Government of India. (2021, March 16). Rajya Sabha debates on the Medical Termination of Pregnancy (Amendment) Bill. Parliament of India.
Government of India. (1969, December 2). Rajya Sabha debates on the Medical Termination of Pregnancy (Amendment) Bill. Parliament of India.
Jalnawalla, S. F. (1974). Medical Termination of Pregnancy Act: A preliminary report of the first twenty months of implementation. Journal of Obstetrics and Gynaecology of India. Page | 200
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