Author : Priyanka Pawar, a student at Government Law College.
Women’s rights is a deeply sensitive topic because it is not only a mere matter of resources but an amalgamation of a plethora of multiple factors like deeply embedded cultural norms,religious sentiments and socially acceptable values that have passed down from many generations. Abortion law is a topic that is very much relevant in the realm of women’s rights. Pregnancy is seen as a very joyous passage in most ethnicities, while many individuals do celebrate it, others view it as an added responsibility. There are also cases of sexual assault and rapes wherein these women don’t experience pregnancy by their own choice. In such cases, there are two major questions. First question asks if a woman gets to choose if something can grow inside her body or not. Second questions the power one acquires while becoming a decision maker regarding whether the growing foetus deserves to live or not. These questions and the opinions about their answers divide the population among people who support making abortion legal and those who do not support it. Depending on the political ideology of a country’s government and the cultural considerations, abortion law is diverse across every nation. This article discusses the scenario of abortion law across the world.
Since the middle of the 20th century, there has been a huge movement around the world to liberalise abortion laws. In the late 1990s, 61 percent of the world’s population lived in countries where abortion was generally.This changed due to an increased awareness of the importance of women’s health, family life and the urgent need to reduce the risks associated with unsafe and illegal abortion. The UN plays an important role in this international situation, supporting reproductive rights as part of a broader human rights framework. UN bodies, such as the World Health Organization (WHO) and the UN Committee on the Elimination of Discrimination against Women (CEDAW), have strongly emphasised the importance of access to safe abortion services to reduce maternal mortality and promote gender equality. In the United States, the famous decision of Roe v. Wade in 1973 was a milestone in relaxing abortion laws, setting a legal precedent that guaranteed women’s right to choose an abortion under the United States Constitution. However, the United States has also seen strong opposition to various national restrictions such as birth timing, waiting periods and psychological objections that can limit access to abortion services. These barriers worsen inequalities in access, particularly affecting minority women and those living in rural areas. Despite these challenges, the world continues to liberalise, with 19 countries significantly relaxing their abortion laws between 1985 and 1997. However, reform efforts are often met with resistance that is strongly linked to broader social norms, religious beliefs and political ideologies. Advocates for safe abortion access must navigate these difficult and often contentious terrains to make meaningful progress toward ensuring the protection of women’s reproductive rights worldwide.
Deeply embedded in the British Police Code of 1861, India’s abortion laws passed significant changes in 1971 with the enactment of the Medical Termination of Pregnancy (MTP) Act. Intervention under the special vittles of the MTP Act allows abortion up to the 20th week of pregnancy, in cases where there’s an adverse effect on the life of the woman or serious threat to her physical or internal well-being, or the child has a serious problem, if born, will suffer from abnormalities that will be veritably painful physically or mentally. Importantly, the law doesn’t withstand a woman’s consent, so a woman knows autonomy in her reproductive opinions at this point. Still, despite the progress, the MTP Act has significant limitations that continue to limit women’s autonomy. One of the controversial points is the limit of 20 weeks of pregnancy . In numerous cases, uterine infections or other serious health problems go undiagnosed late in the pregnancy, leaving women without many options. Legal walls to abortion beyond 20 weeks force women to seek legal authorization, a process that can be time-consuming, trying and frustrating. These legal walls frequently delay the pitfalls associated with late abortions or lead women to seek unsafe methods outside the legal frame. Likewise, despite the legalisation of abortion, unsafe abortions are still observed in India. An estimated 6.7 million abortions are performed annually outside registered institutions, frequently by unqualified practitioners or in hygienic conditions. This is largely due to the lack of knowledge, limited access to safe abortion services, and the stigma associated with the procedure.Critics of the MTP Act argue that it fails to adequately address situations that cause significant distress to women, similar as cases of rape, incest, or when the pregnancy poses a serious trouble to the woman’s internal health. Also, there’s concern that the law is occasionally misused as a tool for family planning, negative to transnational guidelines that advocate pregnancy as a choice rather than a system of population control. In response to these issues, feminist campaigns and advocacy groups in India are pushing for legal reforms. They advocate for extending the pregnancy limit, improving access to safe abortion services and removing needless walls that limit women’s reproductive rights. This work is part of a wider fight to ensure that abortion is honoured as a new right grounded on principles of autonomy and equality.
We firmly believe that abortion is a fundamental right for every woman, grounded in the principle of bodily autonomy. Recognizing that a woman should have the ultimate say over her reproductive choices, the author argues that many women seeking abortions do so because they are unwilling or unable to continue a pregnancy. To balance this right with the need to prevent unnecessary abortions, the author suggests implementing reasonable restrictions, such as requiring approval from a certified doctor. This approach would ensure that women who genuinely need an abortion can access one safely, while screening out non-essential cases. Such a policy would support women’s health and autonomy without compromising ethical standards.These methods can create a system in which the reproductive rights of women are protected and respected and adapted to the general goals of equality and human freedom. This balanced approach respects women’s choices while maintaining health care, with the goal of reducing the risk of unsafe abortions and ensuring that all women receive the care they need. the respect they deserve.
The debate over abortion laws is an important aspect of the broader debate over women’s rights, which intersects cultural, religious and social norms. Since the mid-1900s, there has been a global trend toward liberalising abortion laws, reflecting concern for women’s health and efforts to reduce unsafe abortions and the law. However, regional differences and restrictive laws still exist in many sub-Saharan African countries, Latin America and Islamic countries. Even in developing countries, access to abortion services can be limited by a number of factors. Indian law, amended in 1971 by the Medical Termination of Pregnancy Act, reflects this tension between legality and prohibition, leading to unsafe abortions and legal and social challenges. The author supports the recognition of abortion as a fundamental right linked to bodily autonomy, and argues that appropriate restrictions, such as requiring the consent of a qualified physician, balance access with ethical scrutiny. This alternative approach aims to ensure that women who really need an abortion can obtain it safely, while reducing unnecessary procedures. Finally, achieving meaningful changes in abortion law requires navigating the political, legal, and cultural landscape with the goal of protecting women’s reproductive rights and promoting equality. and individual freedom.
Citations:
1. World Health Organization (WHO). (2020). https://www.who.int/news-room/fact-sheets/detail/abortion
2. United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (2014).
3. Roe v. Wade, 410 U.S. 113 (1973). (1973). Supreme Court of the United States. https://www.law.cornell.edu/supremecourt/text/410/113
4. Guttmacher Institute. (2022). Abortion Policies in India: The Way Forward. https://www.guttmacher.org/article/2022/01/abortion-policies-india-way-forward https://www.guttmacher.org/article/2022/01/abortion-policies-india-way-forward
5. Medical Termination of Pregnancy Act, 1971. (1971). Government of India. https://www.indiacode.nic.in/handle/123456789/1510?view_type=browse&sam_handle=123456789/1362 https://www.indiacode.nic.in/handle/123456789/1510?view_type=browse&sam_handle=123456789/1362
6. United Nations Population Fund (UNFPA). (2021).Impact of Unsafe Abortions on Women’s Health. https://www.unfpa.org/press/impact-unsafe-abortions-women’s-health
7. International Planned Parenthood Federation (IPPF). (2023). Global Abortion Policies. https://www.ippf.org/resource/global-abortion-policies-database https://www.ippf.org/resource/global-abortion-policies-database