Is it really her choice?

 

Let’s talk about  women’s reproductive rights in US and India

Abortion law is once again in the news. This time, the US Supreme Court has agreed to consider a rollback of abortion rights with regard to whether states can ban abortions before a foetus can survive outside the womb. The landmark Roe v Wade decision that announced a women’s constitutional right to an abortion in 1973 and upheld it in 1992 is back in the spotlight once again. The pressing issue involves an examination by the US Supreme Court of a Mississippi law that prohibits abortions after the 15th week of pregnancy, except in a medical emergency or in the case of a severe foetal abnormality which is defined as a condition that is incompatible with life outside the womb. Meanwhile, a Texas Senate Bill, which takes effect in September 2021, bars abortion once signs of a heartbeat is detected, which can happen as early as six weeks into a pregnancy using vaginal ultrasound, sometimes, even before a woman may realize that she is pregnant. Looking at the visuals of reproductive rights groups as they protest what is perceived to be an attack on pro-choice movement, gives one an opportunity to review abortion law in India which in comparison seems more progressive and practical.

The recently amended Medical Termination of Pregnancy (Amendment) Act 2021 provides women with greater access to safe and legal termination of pregnancies. According to this Act, the gestation limit for abortions has been raised from the earlier 20 weeks to 24 weeks for special categories of pregnancies due to rape or incest with the approval of two registered doctors. Also, all pregnancies up to 20 weeks require one doctor’s approval for termination (which according to the Medical Termination of Pregnancy Act 1971, required one doctor’s approval for gestation upto 12 weeks and two doctors’ for gestation between 12 and 20 weeks). The amended act also specifies that there is no upper gestation limit for abortion in case of foetal disability if diagnosed by a medical board of specialist doctors set up for this purpose. Another significant move is that the amended act gives women the choice to terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. And the confidentiality clause ensures that the name of the women whose pregnancy has been terminated cannot be revealed except to a person authorised by law. Now, this is a big thumbs-up to a woman’s right to her own body and her reproductive rights.  

However, the newly amended law is not without its own share of criticism. One issue that is being raised is that the onus on getting an abortion even in the first trimester rests upon the approval of the medical health practitioners and in such a case is not exactly a women’s choice.

Historically, India has always been quite progressive with its abortion laws despite deep stigma and taboo associated with the procedure in societal terms. The Medical Termination of Pregnancies Act 1971 that came into existence based on the recommendations of the Shah Committee, legalized abortion upto 20 weeks of gestation, and was seen as a law that was ahead of its time. Subsequently, the courts have considered right to reproductive choice flowing from the right to liberty under Article 21 of the Constitution and taking away a woman’s choice regarding her own body would amount to infringement of her right to privacy (Suchita Srivastava vs. Chandigarh Administration, 2009). 

A study conducted by the The Guttmacher Institute, New York, International Institute for Population Sciences (IIPS), Mumbai and Population Council, New Delhi and published in the The Lancet Global Health estimated that 15.6 million abortions took place in India in 2015. The study also found the abortion rate at 47 abortions per 1000 women aged 15–49 years. The amended Medical Termination of Pregnancy (Amendment) Act 2021 would give women greater access to legal and safe abortions with dignity and confidentiality. Betty Friedan, the great American feminist once said, “There is no freedom, no equality, no full human dignity and personhood possible for women until we assert and demand our control over our own bodies and reproductive process.” And apparently, we in India agree with her a little more.