Abortion- a Human Right

– Sunidhi

The historic decision of France to enshrine the right to abortion in its constitution has marked a significant milestone in the global fight for reproductive rights. This move not only reaffirms the right to choose but also sends a powerful message of support to women across the world. Reproductive autonomy refers to an individual’s ability to control matters related to contraceptive use, pregnancy, and childbearing. It encompasses the freedom to make informed decisions about whether or not to have children and when to have them. Without access to safe and legal abortion, individuals’ reproductive autonomy is significantly limited. Limited access to abortion forces individuals to continue pregnancies against their will, denying them the ability to exercise control over their reproductive choices. This denial of reproductive autonomy can have far-reaching consequences, impacting their bodily autonomy, psychological well-being, and socioeconomic status.[1][2]

Abortion in Ancient Civilizations
The process of abortion is not a modern phenomenon. Several ancient societies have mention of the process of abortion that can be accessed through their texts. It is also evident that abortion was allowed legally at those times although there had to be prominent reasons for such a decision. Starting from the Egyptian civilization, the first mention of abortion is cited from the text, the Ancient Egyptian Papyrus Ebers that dates back to around 1550 BC and is considered to be one of the oldest known medical works have first written evidence of abortion practice.[11] Abortion was a prevalent practice in ancient Rome, with many different techniques employed to end unintended pregnancies. A plant known as silphium, which was prized for its therapeutic qualities—among which was the rumored capacity to cause abortions—was employed in one such procedure.

Because it was so valuable, silphium was traded across the Roman Empire, especially from the city- state of Cyrene, where it was grown. Because women wanted to regulate their reproductive health, the plant’s high value was influenced by its usage as an abortifacient. It is unclear how successful silphium is as an abortifacient, and a number of causes, including overharvesting, the inability to cultivate the plant, and environmental changes, are thought to have contributed to its disappearance.[7]

In ancient Indian culture, also known by the name Sanatan Dharma, there are very few situations in which abortion is acceptable and not prohibited. This is because the religion traditionally considers abortion to be a serious sin, even more sinful than killing one’s own parents. However, scholarly interpretations of specific situations found in religious literature offer certain exceptions. First of all, the texts recognize life’s sanctity and our moral need to preserve it. However, certain Hindu ethical interpretations argue that abortion might be acceptable as a way to save the mother’s life in situations where problems in the pregnancy are putting her life in danger. This interpretation is grounded in the ahimsa, or non-violence, principle, which holds that life preservation comes first.

Certain scholars of Hinduism claim that abortion is acceptable in circumstances of severe fetal abnormalities by quoting scriptures that stress compassion and minimizing suffering. Hindu scriptures typically oppose abortion, but they also acknowledge the complexity of human life and could be flexible in dire circumstances.[8]
Understanding Abortion from a Feminist Perspective
The intersection of reproductive rights and feminism serves as the battleground where the struggle for gender equality reaches its pinnacle. It is not just about fighting for the right to choose; it is about challenging the very foundations of patriarchal control over women’s bodies and destinies. The struggle is not simply for access to abortion or contraception but for demanding autonomy, agency, and bodily sovereignty.

Reproductive rights are not isolated issues; they are woven into the fabric of our society’s power structures, reflecting and perpetuating deep-seated inequalities. For too long, women have been denied control over their own bodies, relegated to the status of vessels for reproduction rather than autonomous beings with inherent dignity and rights. But now it is high time to reject the notion that women’s bodies are mere battlegrounds for political debates or instruments of patriarchal control. Feminists tend to challenge the systems of oppression that seek to limit women’s freedom and potential, and advocate the fact that equality cannot be separated from the struggle for reproductive autonomy.

The Impact of Abortion Restrictions on Women’s Health
Limited access to abortion stifles sexual autonomy by placing individuals in a position where they are unable to fully exercise control over their own bodies and reproductive choices. Without the option of a safe and legal abortion, individuals may be forced into unwanted pregnancies, which can have significant implications for their overall health and well-being.
The denial of access to abortion can contribute to psychological distress and lower overall well-being. Research conducted in Ireland, where abortion is severely restricted, has shown that limited access to abortion is associated with lower psychological well-being and higher risk of engaging in risky sexual behavior. This study suggests that when individuals are denied the right to make decisions about their reproductive health, they may experience feelings of powerlessness and disenfranchisement, which can negatively impact their overall psychological well-being.
In addition to its impact on psychological well-being and sexual autonomy, limited access to abortion also has significant socioeconomic implications. Individuals who are unable to access abortion may be forced to continue pregnancies they are not prepared for, resulting in financial strain and limited opportunities for education and career advancements. This can perpetuate cycles of poverty and inequality, as individuals are unable to exercise control over their reproductive choices and plan for their futures. The link between abortion access and sexual autonomy is clear.
When individuals have the ability to make decisions about their reproductive health, including the option of accessing safe and legal abortion, they are able to exercise control over their bodies and their futures. This autonomy not only has positive effects on their psychological well-being and socioeconomic status but also respects their fundamental human rights.

Challenges Faced by Women Seeking Abortions in India

Women seeking abortions confront a wide range of complex and challenging issues, many of which have catastrophic effects on their health and wellbeing. Many girls and women still face obstacles that prevent them from accessing high-quality care, despite the ongoing efforts for safe abortion practices.
Limited awareness of Legal Provisions: Many women in nations such as India are unaware of their legal rights when it comes to abortion. Despite laws providing them control over their reproductive decisions, many women are uninformed of their rights. As a result, individuals may fail to exercise their rights when pressured by spouses or family members to obtain an abortion, even if it is not legally required. This lack of legal understanding exposes women to coercion and impairs their ability to make educated decisions about their own bodies.
Inadequate Privacy and Confidentiality in Healthcare Settings: Privacy and confidentiality are critical components of quality healthcare, especially in sensitive subjects such as abortion. However, in many healthcare settings, particularly in patriarchal nations, women’s privacy and autonomy are infringed. Despite legal responsibilities to protect women’s privacy, healthcare practitioners may insist on including spouses or family members in decision-making procedures that are unnecessary. This intrusion not only violates women’s autonomy, but it also exposes them to possible harm, such as societal stigma and coercion.

Constrains in Rural India: Geographical limits compound the problem, especially in rural areas where healthcare infrastructure is limited. Given that a large proportion of India’s population lives in rural areas, the scarcity of trained obstetrician-gynecologists is concerning. As a result, many women seek abortion services from unqualified practitioners such as midwives and birth attendants, adding to the prevalence of risky procedures. According to the Rural Health Statistics Report (2019-20), there is a significant 69.7% shortfall of obstetricians and gynecologists in rural India’s community health centers, with 56.1% of jobs empty compared to the required infrastructure. The paucity of skilled medical professionals is a significant impediment to women’s access to safe abortion procedures, especially in rural India.
Regional Disparities in Healthcare Access: There are also disparities in the use of public and private health institutions for abortion treatment across India. While the southern and western states make greater use of private facilities, the northeastern region has a lesser proclivity to seek abortion care in private medical facilities, probably due to factors such as restricted infrastructure and lower population density.
Socio- economic disparity: Women from lower socioeconomic backgrounds are more likely to seek self-managed abortions at home due to financial restrictions and restricted access to official healthcare providers. This increases the risk of unsafe abortions and emphasizes the importance of addressing barriers to obtaining inexpensive and high-quality abortion services.
Impact of education: Low educational level is also recognized as an independent risk factor for not seeking abortion care from professional healthcare providers. Women with lower levels of education are more likely to choose self-managed abortions at home, emphasizing the need to raise understanding of abortion-related legislation and services, particularly among socioeconomically disadvantaged communities.

Legal provision for Women Seeking Abortions in India
Abortion laws in India are covered under the Indian Penal Code (IPC). The key provisions include:

Section 312: This section addresses “causing miscarriage” and stipulates that a person may be imprisoned for a maximum of three years, or for a maximum of seven years if the woman is a longer-term pregnant.
Section 313: A person faces a life sentence or a maximum of 10 years in prison and a fine if they cause a miscarriage without the woman’s consent.
Section 314: This section deals with actions taken with the intention of killing the woman through miscarriage. If done without the woman’s permission, the criminal faces a fine and a life sentence, or up to ten years in prison.
Section 315: Covers actions taken to keep a child from dying at delivery or to stop it from being born alive. Offenders risk a fine in addition to a maximum ten-year jail sentence.
Section 316: A person may be guilty of culpable homicide if their actions result in the death of a pregnant woman or her fetus. A fine of up to ten years in prison may be imposed in addition to the punishment if the act results in the death of an unborn child.

These sections discuss incidents of miscarriage and abortions carried out without consent, with the goal of defending the safety and rights of expectant mothers and their unborn children.

Constitutional Provisions
The interpretation of the fundamental rights enumerated in the Constitution is the basis of Indian constitutional laws pertaining to abortion. Although abortion isn’t specifically mentioned in the Constitution, it is understood in light of other fundamental rights. Personal liberty and the right to life are guaranteed by Article 21. This has been expanded by the Supreme Court to cover healthcare and reproductive autonomy. The Supreme Court upheld the fundamental nature of reproductive rights in Article 21 in the 2009 Suchita Srivastava case. The question of whether an unborn child has rights under Article 21 is up for discussion, nevertheless. The Hindu Succession Act, 1956 recognizes the fetus’s right to life from conception and treats it as though it has already been born for legal reasons in Section 20. Furthermore, Article 14, which guarantees equality and nondiscrimination, is construed to include gender equality.

Medical Termination of Pregnancy (MTP) Act
An important change in India’s attitude towards abortion may be seen in the Medical Termination of Pregnancy (MTP) Act, 1971, which made it a legally regulated healthcare service instead of a taboo procedure. The MTP Act was enacted with the intention of protecting women’s health and recognizing their right to a safe pregnancy termination within certain guidelines. The MTP Act has the following important clauses and recent amendments:

Abortion conditions: Up to 12 weeks of pregnancy, an abortion can be performed without restrictions. Two licensed medical professionals must concur that the woman’s life or health would be endangered if the pregnancy were to continue beyond 12 to 20 weeks. If the unborn child has serious physical or mental health issues, they may also permit abortion.
Minor Consent: If a girl is under the age of 18, or above the age of 18 and suffering from mental disorders, she must obtain written consent from her guardian.
Where abortions can be performed: Abortions are only permitted at government hospitals or other government-approved facilities.
Exceptions: If an instant abortion is required to save the woman’s life, the restrictions on where abortions can be performed do not apply. Furthermore, only registered medical practitioners may perform abortions at the permitted locations by the government, and doing so elsewhere is a serious crime.
Recent changes: In 2021, the MTP Act was revised to enable abortions up to 20 weeks without requiring two doctors’ opinions. After 20 weeks, two physicians’ opinions are required. Abortions can be performed for victims of incest or rape, done up to 24 weeks. The amendment also stresses keeping women’s abortion records confidential unless the law requires disclosure.

These changes aim to make abortions safer and more accessible while respecting women’s privacy and rights.

The Role of Activism in Shaping Abortion Policies

Activism has played a crucial role in shaping abortion policies and advocating for women’s reproductive rights.[13] Through grassroots movements, advocacy organizations, and protests, activists have raised awareness about the importance of access to safe and legal abortion services, as well as other aspects of reproductive healthcare. They have mobilized public support, lobbied lawmakers, and challenged restrictive laws and regulations that limit women’s autonomy and control over their bodies. These efforts have led to significant advancements in reproductive rights, such as the legalization of abortion in many countries and the establishment of clinics that provide safe and affordable abortion services.[12] Activism has also been instrumental in challenging societal stigmas surrounding abortion and promoting a more open and supportive dialogue. By sharing their personal stories and experiences, activists have humanized the issue of abortion and shed light on the diverse circumstances and reasons why women seek abortions. These efforts have helped to de-stigmatize abortion and foster empathy and understanding. As we look towards the future, activism will
continue to be vital in pushing for further progress and protecting women’s reproductive rights.

Future Directions for Women’s Reproductive Rights

As the world progresses and societies continue to evolve, the future of women’s reproductive rights holds both challenges and opportunities. Reproductive justice has emerged as a powerful framework, recognizing that women’s reproductive rights extend beyond individual choice and encompass intersecting identities such as race, class, and social location.[15] This broader perspective highlights the importance of addressing systemic oppressions and working towards social justice in order to ensure meaningful choices for all women. Moving forward, there are several key directions that can further advance women’s reproductive rights. Firstly, there is a need for continued advocacy and mobilization. Organizations and activists must continue to fight for comprehensive reproductive healthcare services, including access to safe and legal abortion, contraception options, and prenatal care. Secondly, education and awareness play a crucial role in shaping public opinion and dismantling stigmas related to women’s reproductive choices. By promoting accurate and evidence-based information, we can challenge misconceptions and empower individuals to make informed decisions about their reproductive health. Lastly, it is imperative to address the structural and systemic barriers that hinder access to reproductive healthcare. This includes addressing disparities in healthcare access, supporting policies that promote inclusivity and equity, and advocating for the removal of discriminatory laws and regulations.

The right to abortion is intrinsically linked to fundamental human rights such as health, dignity, and autonomy. The World Health Organization’s Global Abortion Policies Database [sources.xlsx (live.com)] emphasizes the importance of informed and equitable access to abortion care services worldwide. As we work towards the Sustainable Development Goals, especially those relating to good health and well-being (SDG3) and gender equality (SDG5), it becomes important to recognize that comprehensive abortion care is not only an issue of health but also a foundation for gender equality and women’s empowerment. By providing safe, respectful, and non-discriminatory abortion services, we can uphold the holistic notion of health and take a significant step towards the realization of human rights for all that emphasizes upon abortion as a human right.

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