In this paper, we argue that the exceptionalism of disability on grounds to unconditionally terminate a pregnancy in law does not consider eugenic and capitalist socio-legal norms that serve to discriminate against persons with disabilities, and that there is a requirement for a nuanced and intersectional perspective. We survey the eugenic rationale of the State where the law allows for termination of early-stage pregnancies, while later pregnancies can be terminated on medical grounds alone, with a notable exception made when the foetus is ‘abnormal,’ granting an almost unconditional right to abortion. Relying on some prominent disability rights activists’ positions on disability-selective abortions, we examine court orders to highlight exceedingly inconsistent Indian jurisprudence on disability-selective abortion. We employ theories of the social model on disability and the reproductive justice framework to advocate for a rights-cum-reproductive justice approach. Such a nuanced approach would ensure that during pre-natal screenings that indicate disability or ‘foetal abnormalities’ as they are termed in Indian law, pregnant persons would have the most accurate and comprehensive information about the diagnosis, including realistic information about living with disabilities from persons with disabilities, as well as orienting them to certain basic ideas and concepts that look at the specific rights and entitlements of persons with disabilities.

Jain, D. & Sengupta, S., Reproductive Rights and Disability Rights through an Intersectional Analysis, Jindal Global Law Review, Vol 12, Issue 2 (2021).