U.S. Supreme Court overturns abortion right

In News

• Recently, US Supreme Court overturned the landmark decision that established a constitutional right to an abortion.

More about the issue:

• The US Supreme Court overturned the landmark Roe v. Wade judgement of 1973.
  • It gave women in America the right to have an abortion before the foetus is viable outside the womb or before the 24-28 week mark. 
• Striking down this judgement is considered as a significant step backwards for women’s rights in the U.S.
• Given the global influence of the U.S. across every sphere, this is likely to stigmatise abortions worldwide , according to the Population Foundation of India (PFI).

Abortion Laws in India:

• Women in India do not have an unrestricted right to abortion under the law. 
• Under specific conditions and to a certain extent, abortion is permissible based on a medical opinion.
• The Medical Termination of Pregnancy Act, a piece of legislation passed by the Parliament in 1971, gave licensed medical professionals permission to perform abortions in specific predetermined situations.
  • This law was amended in 2021.

Salient features of the “Medical Termination of Pregnancy Act 2021”:

• Abortions before 20 weeks of pregnancy:
  • Terminating a pregnancy up to 20 weeks will only require the medical advice of one doctor.
• Abortions upto or beyond 24 of pregnancy:
  • Abortion is legal for women in certain circumstances up to 24 weeks.
  • It would include:
    •  survivors of rape, victims of incest and other vulnerable women (like differently-abled women, minors) etc.
  • Opinion of 2 providers is required for termination of pregnancy of 20-24 weeks of gestation.
  • A state-level medical board will be set up to decide: 
    • if pregnancy may be terminated beyond 20 months till 24 months.
    • Such a decision can be taken by the medical board only after 
      • due consideration and 
      • ensuring that the procedure would be safe for the woman.
      • The time frame available to the Medical Board is 3 days.
  • The upper gestation limit not to apply in cases of substantial foetal abnormalities diagnosed by the Medical Board. 
• Anonymity: 
  • Name and other particulars of a woman whose pregnancy has been terminated shall not be revealed except to a person authorised in any law for the time being in force.
• Marital and age criteria:
  • Unmarried women can also access abortion under the above-mentioned conditions because it does not mention the requirement of spousal consent. 
  • If the woman is a minor, however, the consent of a guardian is required.
• Intentionally causing a miscarriage:
  • Section 312 of the Indian Penal Code holds intentionally causing a miscarriage as a criminal offence.

Significance:

• Constitutional right:
  • The reproductive choice is personal liberty guaranteed under Article 21 of the Indian constitution.
• Reproductive Rights of a Woman: 
  • The laws provide greater reproductive rights and dignity to women as abortion is considered an important aspect of the reproductive health of women.
• Right to Privacy: 
  • The rape victims and vulnerable victims are also benefitted from Privacy Clause.
• Encouragement to Safe Abortion: 
  • Deaths and injuries from unsafe abortions are largely preventable provided services are performed legally by trained practitioners.

Criticisms:

• No Personal Choice: 
  • The boards are unnecessary and an invasion of privacy of the pregnant women which pushes the laborious process a woman had to undergo in order to get an abortion.
  • As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions.
• Increase in Gestational limit only in certain cases: 
  • It enhances the gestational limit for legal abortion from 20 to 24 weeks only for specific categories of women.
  • A woman who does not fall into these categories would not be able to seek an abortion beyond 20 weeks.
• Shortage of medical staff:
  • According to a 2018 study in the Lancet, 15.6 million abortions were accessed every year in India as of 2015. 
  • The Act requires abortion to be performed only by doctors with specialisation in gynaecology or obstetrics. 
  • However, the Ministry of Health and Family Welfare’s 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician-gynaecologists in rural India.

Way ahead

• Access to legal and safe abortion is an integral dimension of sexual and reproductive equality and must be a crucial element of conventional society.

Source: TH