Abortion Law Dynamics

Introduction:

Abortion laws sit at the crossroads of legal, ethical, medical, and cultural concerns. They reflect the values of society and shape an individuals’ access to reproductive healthcare. In recent years, the legal frameworks in the U.S. state of Georgia and in India have received increasing attention due to significant developments affecting reproductive rights

Abortion Laws in Georgia, USA:

In Georgia, the Living Infants Fairness and Equality (“LIFE”) Act 2019, also known as the “heartbeat law”, deals with abortion. The said Act has substantially limited abortion access in Georgia, USA. Enacted in 2019 but enforced only after the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization in 2022, the law banned most abortions once fetal cardiac activity was detected, typically around six weeks. The said banned abortions even before people knew they were pregnant.

The said law grants legal personhood to fetuses, giving them rights equal to born individuals. It allows abortions only in limited situations, such as to save the life of the pregnant person, or in cases of severe fetal abnormalities, or when the pregnancy results from rape or incest and has been formally reported.

One of the most high-profile and controversial cases under the law was that of Adriana Smith, a 30-year-old nurse who was declared brain dead in early 2025. Despite her death, she was kept on life support for over three months to allow the fetus to reach viability. Her family faced emotional trauma and financial burdens, unable to make decisions to save her or begin mourning. Supporters of the law, like State Senator Ed Setzler, argued that the fetus’s right to life must be protected. 

The deaths of Amber Thurman and Candi Miller also raised serious concerns about the complications from medication abortions and access to timely and adequate medical care. The said incidents drew national attention, including from Vice President of the United States Ms. Kamala Harris, who cited the laws as evidence of harmful consequences of Geogia’s restrictive abortion laws. 

Though abortion is still technically legal in Georgia, access is nearly impossible after six weeks unless very specific conditions are met. Women who discover their pregnancies later are often forced to travel out of state, navigating legal hurdles, financial constraints, and logistical challenges.

In the broader U.S. context, the Dobbs decision has left abortion regulation to individual states, resulting in a patchwork of laws. From near-total bans to protections and support in pro-choice states. Legal clashes have emerged, such as disputes in Texas over federal emergency care guidelines, and some states have introduced shield laws to protect abortion providers and patients from prosecution. This legal fragmentation disproportionately impacts marginalized communities and has made the reproductive healthcare landscape in the U.S. increasingly difficult to navigate.

Abortion Laws in India:

India’s abortion laws are governed by the Medical Termination of Pregnancy (“MTP”) Act of 1971. The said Act was amended in 2021 to better align with modern medical practices and evolving social realities. Under the updated law:

• Abortions are permitted up to 20 weeks for reasons including risk to the woman’s life, mental or physical health, fetal abnormalities, rape, or contraceptive failure.

  
  

• The said period can be extended to 24 weeks for specific cases, such as minors and survivors of sexual assault.

  
  

• Crucially, the law now applies to unmarried women as well, expanding access and acknowledging broader reproductive rights.

Despite these legal improvements, access remains unequal, especially in rural areas where there is a shortage of trained providers and proper healthcare infrastructure. Social stigma, particularly around adolescent and premarital pregnancies, further deters people from seeking abortions even when legally allowed.

The Indian judiciary has played a key role in shaping abortion rights. Notable cases include:

• X v. Union of India (2016): In this matter, the Hon’ble Supreme Court permitted a 24-week abortion for a rape survivor, acknowledging her psychological trauma.

  
  

• Nikhil D. Dattar v. Union of India: In this matter, although the court denied a 26-week abortion request, it stressed the importance of judicial discretion in such cases, and;

  
  

• Suman Kapur v. Sudhir Kapur: In this case the court controversially ruled that a woman’s abortion without her husband's consent cannot be considered mental cruelty, highlighting the persistent conflict between personal autonomy and traditional family values.

It is observed that India also faces challenges relating to abortions, however, the challenges faced in India are different from the ones faced in the US. India is driven by a cultural preference for male children and abortions in India are sex-selective. To curb this, the government enacted the Pre-Conception and Pre-Natal Diagnostic Techniques (“PCPNDT”) Act, which restricts the misuse of prenatal testing. While the law has had unintended consequences, doctors are now hesitant even to perform legal abortions out of fear of legal repercussions. 

Additionally, unsafe abortions also continue to contribute to maternal mortality in India, underlining the gap between legal rights and real-world access. Addressing this issue requires not just laws, but public education, cultural change, and stronger healthcare systems.

Comparative Insights: Georgia and India:

While Georgia and India operate in vastly different social and political contexts, both face challenges in ensuring safe and accessible abortion care.

• Post the landmark judgement in the Dobbs Case, the legal regime in Georgia prioritizes fetal rights over maternal autonomy, often leaving families and providers in impossible situations.

  
  

• Similarly, in India, the legal framework is more progressive on paper, emphasizing reproductive autonomy and public health, but struggles with inconsistent access and deep-rooted stigma.

Conclusion:

Abortion laws constitute much more than define legality. They shape people's lives, health, and dignity. Georgia’s strict laws, as seen in Adriana Smith’s case, and India’s implementation challenges both underscore the urgent need for reforms centred on compassion, evidence, and autonomy.

It is observed that to truly protect life and choice, legal systems must go beyond ideological debates and invest in humane, accessible, and equitable reproductive healthcare.