No woman can call herself free when she does not own and control her own body”
The practice of abortion is widely accepted by various countries around the world. This concept was not previously accepted in India as it was condemned in the Vedas, Upanishads, and Smriti literature. Since these are considered the sources of our laws, abortion has been considered an illegal practice in society for a long time. The country's legislator has understood that abortion is a human right and making it illegal means compromising the health of women with unwanted pregnancies. Therefore, the Medical Termination of Pregnancy Bill was passed by both Houses of Parliament and passed by the then President of India on August 10, 1971.
Everyone has the right to life and liberty under article 21 of the Indian Constitution. This article is very broad in its context and is interpreted by various jurists and judges in various aspects. These decisions are influenced by the historic Roe v. Wades of the United States Supreme Court. The court held that the state cannot restrict a woman's right to an abortion during the first trimester. The state can regulate such abortion during the second trimester taking into account a woman's mental and physical health. The right to abortion is considered fundamental as well as a human right. In the case of Judge K.S. Puttaswamy v. Union of India, it was specifically recognized by the apex court that it is women's constitutional right to make reproductive choices, as part of personal freedom under Article 21 of the Indian Constitution. The Medical Termination Act, 1971, also declares abortion as a qualified right.
COURTS VIEW THROUGH RECENT JUDGMENTS
In the case of Surjibhai Badaji Kalasva v. state of Gujrat where the petitioner filed a writ petition on behalf of her 13-year-old daughter who was sexually assaulted by the accused. The victim hides the incident from her parents but later parents noticed some physical changes in the victim such as a growing stomach. When parents consulted the nearest doctor, it was confirmed that the girl was pregnant. The girl already had a fetus of 25-27 weeks. The court in the case denied the termination of the pregnancy on the grounds that it would be against the provision of the law. The girl who was just 13 years old how can she possibly take care of a child? Such an incident does not only scar the body of the victim but also leaves a forever scar on their mental health. The health of the child and girl is compromised in this case.
The word mentally disabled included every victim who is unable to take care of the child physically or is mentally not mature enough to take up the responsibility for a child. It is every woman's choice whether she is ready for the responsibility of having a child or not. Even in the age of technology and development, there are numerous cases in which women suffer from adequate abortion facilities. There have been various cases where a woman has to face various external and emotional pressures to have the baby or to stop it.
In the latest judgment given in Kerala State legal services Authority v. Union of India, the Kerala High court permitted medical termination of the pregnancy of a rape survivor who also suffers from severe mental illnesses. This is a progressive judgment that is the favor of the victim and the child. A child undoubtedly brings happiness to a family but it also brings a lot of responsibility to the parents. The decision of having a child should always be made the choice of the parents and not an obligation on anyone. The rape victims who get pregnant must be given choice whether they are ready for a child or not? It must be an obligation on them to carry a child.
Abortion is a highly emotional topic that arouses deeply held opinions. However, equal access to safe abortion services is above all a human right. Where abortion is safe and legal, no one is required to have one. Where abortion is illegal and dangerous, women are forced to carry out unwanted pregnancies or suffer serious health consequences and even death. women must be given the right to decide what to do with their bodies and the right to abortion is vital for gender equality. The right to abortion is vital for individual women to achieve full potential and banning abortion puts women at risk by forcing them to use illegal abortionists. The right of abortion must be included in part of pregnancy rights that enables women to make a truly free choice whether to end a pregnancy.
 Roe v. Wade, 410 U.S. 113 (1973).  Justice K. S. Puttaswamy (Retd.) v. Union Of India, [AIR 2017 SC 4161]  Surjibhai Badaji Kalasva v. State of Gujrat (2018) 59 GLR 2498