A Critical Study of the Medical Termination of Pregnancy Bill, 2017

  • Pyali Chatterjee Research Scholar, ALS, Amity University, Noida
  • Komal Vig Guide, Associate Professor, Amity University, Noida
Keywords: Abortion, Population, Miscarriage, Right to Privacy


In the year 1971, MTP Act was introduced as a social legislation for the welfare of the women in India. It was enacted to liberalize the Indian Penal Laws relating to abortion. The Act was introduced in the Family Planning Program for the purpose of the population control as well as to check the maternal mortality rate which was high due to illegal abortion. As we know that, Abortion is a Right protected under Right to privacy under Indian Constitution as well as in various international declarations relating to Reproductive Right and it is one of the essential part of human right granted to all women without any bias. But, the abortion law is restricted to certain class of women when question comes about the application of abortion to Indian women. Researcher in this paper will critically discuss the provisions of MTP Bill, 2017. But prior to MTP Bill, 2017 we have to know about the original Act. So researcher will discussed the parent Act first i.e. abortion law of 1971 and then the current bill.


Chatterjee, P.(2016). Medical Termination Of Pregnancy Act: A Boon Or A Bane For A Woman In India- A Critical Analysis. International Journal of Science and Research, 15, 236-240
Gaur, K.D,(2009).Text Book on The Indian Penal Code(4th edn ),New Delhi: Universal Publication Co. PVT. Ltd.
Gupta,M., (2017) Her body, her right: Women have the right to decide on pregnancy, SC judge says, Indiatoday.in. Retrieved April 16, 2018 http://indiatoday.intoday.in/story/women-right-decide-pregnancy-sc-judge-ak-sikri/1/880596.html
Hirve, S.,(2004). Abortion Policy in India: Lacunae and Future Challenges. CEHAT Mumbai, Retrieved April 13, 2018 http://www.cehat.org/go/uploads/AapIndia/hirve.pdf
Mathiharan, Dr. K., Patnaik, Prof. Dr.A K.( 2009). Modi's, Medical Jurisprudence and Toxicology( 23rd Edn), New Delhi: LexisNexis
Nikhil D. Datar v. Union of India & Ors, SLP (C) 5334 of 2009
Reproductive Rights are human Rights.Center for Reproductive Rights, Retrieved April 16, 2018 http://www.reproductiverights.org/sites/crr.civicactions.n et/files/documents/RRareHR_final.pdf
Roe v. Wade (1973), LII, Retrieved April 13, 2018 https://www.law.cornell.edu/wex/roe_v._wade_1973