Abortion Law the Fundamental Right of Women: A Comparative Study Between India and United Sta

Abstract

Abortion continues to be one of the most hotly contested legal and moral topics in the world, with a wide range of political, religious, and cultural viewpoints. This study compares and contrasts the abortion laws in the US and India, looking at how they affect women's basic rights to healthcare and reproductive autonomy. The Medical Termination of Pregnancy (MTP) Act, which governs abortion in India, has a comparatively permissive framework, but societal stigma and the lack of adequate healthcare infrastructure make it difficult to implement. The United States, on the other hand, has seen a change from federal protection under Roe v. Wade (1973) to a state-regulated model after Dobbs v. Jackson Women’s Health Organisation (2022), which has resulted in notable differences in access to abortions between states. The study investigates the ways in which sociocultural elements, legislative frameworks, and court rulings affect the right to an abortion in both nations. India has a consistent legal system, however there are still issues with enforcement. However, because of statelevel restrictions, access to abortion varies greatly in the US, disproportionately affecting underprivileged populations. This study emphasises the necessity of a well-rounded legal strategy that protects women's reproductive rights while attending to moral and public health issues. This study adds to the conversation on reproductive justice by examining laws, significant court decisions, and sociopolitical factors. It provides suggestions for enhancing legislative frameworks in both India and the US and emphasizes the significance of policy changes to protect women's rights and access to safe abortion services.