Abortion Research Compendium – India

Abortion Laws in India: A review of Court Cases Centre for Health Law, Ethics and Technology
Dipika Jain,Upasana Garnaik,Kerry Mcbroom Swati Malik and Brian Tronic

This report examines myriad MTP implementation issues and provides summaries of key Supreme Court, High Court and District Court judgments on each theme. Each chapter includes an introduction to the issue and outlines the implications the courts' decisions have on safe abortion services. Finally, the compilation provides a very brief synopsis of how United Nations treaty monitoring bodies have interpreted obligations to provide access to safe abortion services and measured India's compliance. Where possible, this compilation provides guidance on implementation of the MTP Act. Women, providers, hospitals, policy makers and activists can use this compilation in three ways: 1. To find answers to key MTPAct questions; 2. To explore spaces for future or increased advocacy; 3. To design education and training material. ‘‘The Supreme Court's ruling allowed a minor rape survivor to terminate post20 weeks' signals space for the MTP Amendments and for providers' opinions in rape cases.’’ The research for this report was conducted using judgements and orders, retrieved from various sources, predominantly Manupatra (a legal database), the national consumer disputes redressal commission website (ncdrc.nic.in), and district court websites. In addition to this, various news articles and stories were also relied upon to get information about the names of parties or case names.

Dipika Jain, Upasana Garnaik, Kerry Mcbroom Swati Malik and Brian Tronic. Abortion Laws in India: A review of Court Cases Centre for Health Law, Ethics and Technology. Jindal Global Law School November 2016

2017
Published Material / Institutional Publication / Research Study