As someone working with women every day, and as a woman myself, the issue of women’s rights and abortion laws in the United States caught my attention. A long-standing dispute at the heart of the abortion debate in the US seems to be this: at what point does a fetus become a person? This is a very important aspect of the issue because a woman’s rights to autonomy and liberty may be curtailed if other rights held by other persons are involved. The question then is, who has the power to make this determination?
In 1973, in the landmark Roe vs Wade judgment, the supreme court of the United States made the right to abortion constitutional up to the point of fetal viability, establishing a benchmark for abortion laws across the world. The viability was established in Planned Parenthood vs Casey at around 24 weeks, or the point at which fetal life is deemed to be self-sustaining outside the womb, as the point at which a state could recognize fetal rights and therefore restrict abortion.
Now, a leaked first draft of the court’s majority opinion in an ongoing case has revealed its momentous move to overturn the judgment. The judgment will be a significant turning point in the US’s position on individual freedoms. As someone working with patients and colleagues from all around the world I can assure you that the tremors will also be felt across the world.
Withdrawing Roe vs Wade might push many women to get pregnancies terminated in secret, unaided by trained medical practitioners and institutional support, leading to many unwanted consequences. In practice, I see this happening even with all the institutional safeguards in place where many abortions happen outside of proper medical supervision because of inhibitions, taboos, and societal pressure. Every so often as a Gynec I treat cases that come from unhygienic medical practices/abortions.
Abortion is legal in India in some circumstances and illegal in others. If the person getting an abortion is an adult, then they don’t need any approval from a parent or their spouse. The law varies for unmarried girls, rape survivors, and married women. With rising feticides and infanticides, it was deemed illegal to detect the sex of the fetus, thereby decreasing the rate of abortion.
Key changes were brought into the law like the Medical Termination of Pregnancy (Amendment) Act, 2021, including the right to terminate unwanted pregnancies caused by contraceptive failure, regardless of the woman’s marital status. In a climate in which the US is seeking increased control over the lives of citizens, the amendment by the Indian government seems more mindful of a woman’s right to bodily autonomy and privacy. All is not rosy at the Indian front, however.
The fact is that these moves do not go far enough. Abortion remains a criminal offense under section 312 of the Indian Penal Code, 1860. Laws like MTP (Amendment) Act, 2021 are exceptions to the rule, rather than the rule themselves. But the fact that corrections are being made, albeit slowly, is laudable indeed.
The right to abortion of a woman, and by extension, her body, individuality, and life, seem to be hemmed in with the consent of others still – namely doctors, partners, family members, and even the state. My experience shows that women opt for an abortion for a variety of reasons. In the face of it financial reasons, focusing on a career, or not wanting a baby are obvious. Often ignored is the myriad of medical reasons. Chemotherapy or certain medications can lead to severe pregnancy complications. Some women are at high risk of a miscarriage or stillbirth, so it is a safer option to opt for an abortion. Sometimes antenatal tests reveal a serious fetal abnormality or the woman can have an ectopic pregnancy where pregnancy isn’t viable.
The US supreme court is yet to pass its final judgment on the matter. It would, however, do well to remember how fragile and complicated the hard-won rights and freedoms of women are. Being “pro-life” does not, should not, have to be anti-women. Keeping women’s bodies out of political contests and power-plays to expand on freedom, choice, and inclusivity should be the key. Either way, the world is watching with the hope that the right decision will be made. If ever the verdict is passed against abortion it will be “ACCESS DENIED TO SAFE ABORTION” as unsafe abortion will continue.