Examining access to abortion in India and Nepal from a reproductive justice lens

India and Nepal regulate abortion variedly. In India, the Medical Termination of Pregnancy Act 1971 provides conditional frameworks for pregnant women to access abortion. Adolescents seeking abortions must additionally navigate the Protection of Children from Sexual Offences Act 2012. In Nepal, the Constitution recognises the reproductive health rights of women which includes abortion. Additionally, the Safe Motherhood and Reproductive Health Rights Act 2018 also extends this rights-based approach for accessing abortion. However, both these frameworks operate within the national country code and penal code which continues to criminalise abortion outside of the legally permissible limits. Despite these marked regulatory differences, in both India and Nepal, abortion operates within a carceral structure which presents a significant barrier for accessing abortion. In this context, adopting a reproductive justice approach would help mitigate barriers to abortion and provide an alternative lens of analysing, examining and advocating for access to abortion for all. Reproductive justice means understanding, unpacking and challenging the structural and inherent marginalisation that further makes accessing abortion difficult. We demonstrate using the Nepal example as it adopts a nuanced approach to abortion law reform, building on the human rights framework rooted in an intersectional understanding of structural and systemic barriers.