“Abortion Rights Of Unmarried Women In India” Study Materials for UPSC, MPSC & Others Exams
“Abortion Rights Of Unmarried Women In India” – “भारतातील अविवाहित महिलांचे गर्भपात अधिकार” UPSC, MPSC आणि इतर परीक्षांसाठी अभ्यास साहित्य
INTRODUCTION
The right to abortion is an important human right for all women. Abortion laws vary from country to country. In India, the right to abortion is restricted for unmarried women. An unmarried woman who has already given birth to a child is not allowed to seek an abortion if the pregnancy is the result of rape or incest. However, a married woman has the right to an abortion even if the pregnancy was the result of rape or incest.
The Apex court of India recently gave a judgement that all women , no matter if they are married or not , have equal rights to access abortion up to 24 weeks of gestation, in compliance with the provisions of the Medical Termination of Pregnancy Act, 1971 (MTP Act).
This recent judgement of Hon’ble Supreme Court is a very significant step ahead for women’s rights in India , previously women in India did not have right to their own body. Even now women fear of stigmatization in society. The legal system in India till now made laws for abortion only for married women in India. The pregnant unmarried women did not have any rights when it comes to Abortion.
In India , the male dominance has always prevailed in the society to regulate social , economic , personal lives of people. In India the cultural preference of people has always been inclined towards sons over daughters which eventually led to abortion of female fetuses.
Earlier this right was only given to married women in India but this very own judgement by the Hon’ble Supreme Court gave this right to unmarried women and said that even unmarried women have the right to abort the foetus.
INDIA’S LAWS ON ABORTION
India’s laws on abortion, as per the Medical Termination of Pregnancy Act (MTP) 1971allow women to legally terminate a pregnancy up to 20 weeks into the gestation period.However, in special cases such as risk to the woman’s life or health or if the foetus shows signsof severe abnormalities, the procedure can be carried out up to 24 weeks.It is important to note that in India, social and cultural attitudes towards abortion still remain a challenge. Many women still face stigma and discrimination for choosing to terminate a pregnancy, which can lead to limited access to safe and legal abortion services. Efforts are being made to address this issue and improve access to comprehensive sexual and reproductive health services for all women in India.It is also worth noting that despite the legal framework for abortion in India, there are still instances of unsafe and illegal abortions being carried out, often putting women’s lives at risk.It is crucial for healthcare providers and policymakers to work together towards ensuring that women have access to safe and legal abortion services, and that social and cultural barriers to accessing these services are addressed.It is also important to ensure that accurate information about the options available for reproductive healthcare, including safe and legal abortion.
Shah Committee in the year 1964
To control the significant increase in number of abortions taking place in the country , the Ministry of Health and Family Affairs formed Shah Committee which was led by Shantilal Shah. The committee came into force to draft the abortion laws of India.
The Committee suggested that legalizing abortion would avoid the loss of women’s lives on medical grounds. In in report the committee significantly submitted that that with the vast number of population the number of abortion has been increasing day by day.
Medical Termination of Pregnancy Act , 1971
This specific act allows termination of pregnancy by a medical practitioner in two stages-
– for the termination of pregnancy up to 12 weeks .
– for the termination of pregnancy between 12 to 20 weeks , but there is a provision in it where certain women allowed for termination of pregnancy from 20 to 34 weeks.
But, the amendment came into force in the year 2021, in which some categories of women were given which included-
– Minors
– survivors of Rape
– survivors of sexual assault
– women who had changes in marital status
– physical disability
– pregnancy in emergency situation
In March 2021, the MTP Act was amended to increase the upper limit for abortions from 20 weeks to 24 weeks, in certain circumstances. The amendment also allows for the termination of a pregnancy beyond 24 weeks if there is a risk to the woman’s life or if the fetus has severe abnormalities.
Despite the provisions of the MTP Act, access to safe and legal abortion services remains a challenge in many parts of India, particularly in rural areas. Some women may also face social or cultural barriers to seeking abortion, which can further restrict access to these services. Nonetheless, the MTP Act represents an important step forward in ensuring that women have the right to make informed decisions about their own bodies and reproductive health.
JUDICIAL VIEW ON Medical Termination of Pregnancy ACT
The Indian judiciary has played an important role in interpreting and enforcing the MTP Act. Over the years, there have been several landmark cases related to the Act that have helped to clarify its provisions and expand its scope.
One key judicial view on the MTP Act is that it is an important tool for protecting the health and rights of women. In several cases, the Indian Supreme Court has emphasized the importance of ensuring that women have access to safe and legal abortions, and has struck down laws that place undue burdens on women seeking to terminate a pregnancy.
At the same time, the judiciary has also recognized that there are limits to the right to terminate a pregnancy. For example, the Indian Supreme Court has held that abortions cannot be carried out after 20 weeks of pregnancy, except in cases where the mother’s life is in danger. The Court has also emphasized the importance of informed consent and the need for medical professionals to provide accurate information and counseling to women seeking abortions.
Legality of abortion in India
The subject of abortion is very controversial in India. Proponents of abortion argue that it should be legal because women should have the right to choose whether or not to have an abortion. Opponents of abortion argue that it is unethical and should not be legal. There are some states in India that allow abortion, while others do not. According to a study conducted by the Pew Research Center, abortion is legal in most states in India. However, abortion is still not legal in all states. In India, abortion is usually illegal in all states except the states of Kerala and Karnataka. Abortion is still a highly unpopular topic in many parts of India and is often prohibited by law.
Before Medical Termination of Pregnancy Act, 1971 abortion was criminalized in India under section 312 of Indian Penal Code which clearly stated that-
“Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”
Abortion laws in the US
Abortion laws in the US vary from state to state. In most cases, you have the right to an abortion even if your life is in danger. However, there are some exceptions to this. Here is a brief overview of the different abortion laws across the US:
In most states, you have the right to an abortion at any stage of pregnancy. This is known as the “right to an abortion.” It applies even if you are the parent of the child or you are a person with the ability to provide financial support for the child.
THE LANDMARK CASE OF ROE V. WADE
Roe v. Wade is a landmark case in the United States that established a woman’s constitutional right to choose to have an abortion. The case was decided by the Supreme Court in 1973.
At the heart of the case was the question of whether the Texas law that made it a crime to perform an abortion except on medical advice to save the life of the mother was constitutional. The Court held that it was not, citing a woman’s right to privacy under the Fourteenth Amendment to the U.S. Constitution. The Court also held that a woman’s right to choose to have an abortion is not absolute and must be balanced against the state’s interest in protecting potential life.
The decision in Roe v. Wade has been the subject of ongoing political and legal debate in the United States. Opponents of abortion rights have sought to overturn the decision, while advocates for reproductive rights have sought to defend and expand upon it. The case has been cited in numerous subsequent cases and continues to shape the legal landscape surrounding abortion in the United States.
Since the decision of Roe v. Wade in 1973, many states have passed laws that place restrictions on access to abortion. Some of the most common types of restrictions include:
Waiting periods: Some states require women to wait a certain amount of time, usually 24-72 hours, between their initial consultation and the abortion procedure.
Counseling requirements: Some states require women to receive counseling before an abortion, which may include information about alternatives to abortion, the development of the fetus, and potential risks associated with the procedure.
Parental notification or consent: Some states require minors to obtain either parental notification or consent before obtaining an abortion.
Restrictions on late-term abortions: Some states prohibit abortions after a certain point in pregnancy, such as 20 weeks.
Funding restrictions: Some states prohibit the use of public funds for abortion, or limit the ability of private insurance plans to cover abortion.
In recent years, there has been a wave of state-level legislation aimed at restricting access to abortion, particularly in conservative-leaning states. Proponents of these laws argue that they are necessary to protect the rights of unborn children and promote maternal health. However, opponents argue that these laws are unconstitutional and place undue burdens on women seeking to exercise their right to choose.
Conclusion
. It is important that the government recognizes that abortion is a medical procedure and is therefore not acceptable for religious reasons. Women who are pregnant should not have to carry a child that they cannot even care for. Laws should be changed to protect women’s health and allow them to have the birth control that they need to avoid unwanted pregnancies. Too many women continue to give birth to unwanted children and end up in poverty as a result. Abortion should be an issue for women and not one that they have to deal with on their own. Women should be allowed to control their own bodies and make decisions about their own lives.
REFERENCES –
– The Supreme Court of India’s Landmark Abortion Ruling, Explained | Bill of Health (harvard.edu)
– Section 312 in The Indian Penal Code (indiankanoon.org)
– Abortion: A matter of right to all women – married or unmarried (indiatimes.com)
-ABORTION RIGHTS OF UNMARRIED WOMEN IN INDIA – Jus Corpus
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