Termination of Pregnancy and Mental Health: Legal Recognition of Psychological Trauma in Indian Courts

The right to terminate pregnancy in India has evolved from a limited statutory exception rooted in medical necessity to a progressively constitutionalised entitlement grounded in dignity, autonomy, and mental well-being. Although the Medical Termination of Pregnancy Act, 1971 recognised “grave injury to mental health” as a lawful ground for abortion, Indian courtshistorically adopted a narrow and paternalistic interpretation of psychological harm. Recent judicial developments—particularly following the recognition of privacy as a fundamental right under Article 21—have significantly expanded the legal understanding of mental health within abortion jurisprudence. This paper examines the legal recognition of psychologicaltrauma in termination of pregnancy cases, analysing statutory provisions, constitutional principles, and evolving judicial interpretations. It argues that forced continuation of pregnancy constitutes a serious violation of mental integrity and bodily autonomy, warranting a rights-based approach that transcends medical gatekeeping. The study situates mental health at the core of reproductive justice and lays the foundation for a comprehensive doctrinal reassessment of abortion law in India.