Right To Abortion In India

A woman's right in this regard is disputed because medical practitioners must prove risk to her life or grave injury to her bodily or mental health, substantial risk of physical or mental abnormalities to the child if born, and a case when abortion could only save her life.

Human rights should be available to everyone without prejudice. Freedom starts with recognising everyone's inherent dignity and fundamental rights. Human life is the most vital right and as per the Supreme Court, human right cannot be derogated. Article 6(1) of the International Covenant on Civil and Political Rights forbids the arbitrary deprivation of life. This supreme right has some contentious difficulties. Abortion rights are one of them. Abortion is a universal right for mothers. However, mother and the unborn child’s rights must be balanced.

Society opposed abortion and forbade it. But, after the Roe vs Wade ruling by the US Supreme Court, most governments now recognise this right. Opponents still believe it should be illegal.

What's abortion?

Abortion means killing an embryo or foetus via evacuation from the uterus.Medically, "abortion" is a miscarriage or induced termination before 20 weeks gestation, which is nonviable.

Human Rights Abortion

One’s values strongly influence an individual's position on difficult ethical, moral, and legal issues. The morality of induced abortion and the government's ethical authority determine a person's abortion attitude.

Abortion is a woman's right to life, liberty, and happiness. Reproductive health affects reproductive decisions. Internationally, reproductive rights are essential to women's human rights and development. In recent years, governments worldwide have committed to extend reproductive rights to new levels. Government support for reproductive rights is shown via legislation and regulations. Every woman has bodily rights, or sovereignty over her body.

Abortion is legal if:

• Pregnancy poses a bigger risk to the pregnant woman's life than termination.
• The termination prevents serious irreparable damage to the pregnant woman's physical or mental health.
• Continuing the pregnancy would increase the danger of physical or mental harm to the expectant lady.
• Continuing the pregnancy might increase risk or harm to the expectant woman or child's bodily or mental wellbeing.
• The child may be severely disabled if born.
• Or deemed urgent by the operating practitioner to preserve the pregnant woman's life or prevent permanent physical or mental damage.

Indian View on Abortion

If a woman's life or health is at jeopardy, Indian law authorises abortion. Many had abortions before. It was done in secrecy since it was prohibited. The Act legalised medical abortion under certain conditions to protect the mother.

Vedic, Upanishadic, later Puranic (old), and Smriti texts strongly condemn abortion. On August 10, 1971, the President of India signed the Medical Termination of Pregnancy Bill into law. This law offers Indian women the right to terminate an unplanned pregnancy by a registered medical practitioner in a government-run hospital or other permitted location. Not all pregnancies were terminable.

Section 3 of the Act allows abortion:

To save a woman's life or protect her physical or mental health;

On humanitarian grounds, such as when pregnancy results from rape, a mad woman, etc.

Eugenic grounds—when there is a high risk of malformations and diseases.

A woman's right in this regard is disputed because medical practitioners must prove risk to her life or grave injury to her bodily or mental health, substantial risk of physical or mental abnormalities to the child if born, and a case when abortion could only save her life. Can a lady ask a doctor to abort because she doesn't want a child? Such a quest is unjust and unreasonable if the woman's freedom depends on other reasons. The Medical Termination of Pregnancy Act likewise does not define pregnancy to prioritise the woman's and state's interests.

It is submitted that a decision as to abortion may be totally left with woman if she is sane and gained maturity. Her freedom may be limited if an abortion threatens her life. Other abortion restrictions are unacceptable. Abortion may rely on a woman's physical and mental health or the child's health. Other things are also significant. She or the family may not be financially stable to add. She may change careers, which takes time and effort. She may not want a child with her husband because it may influence her future marriage.

The Indian abortion law ignores these important aspects. Thus, the law is unconstitutional and irrational. Should women be compensated for their physical and mental suffering? The Medical Termination of Pregnancy Act does not safeguard the unborn. Its indirect protection under the Act comes from protecting the woman. The statute's rights and restrictions demonstrate the state's goal of protecting a live woman from abortion risks.

Abortion vs. Life

Religion, morality, and culture continue to shape abortion regulations everywhere. The right to life, liberty, and security of person are major human rights that can justify abortion restrictions. Many countries that allow abortion have trimester-based criteria for obtaining an abortion. In this dispute, arguments given in favour of or against abortion centre on either the moral permissibility of an induced abortion, or justification of legislation authorising or restricting abortion. Morality and law often conflict, complicating the matter.

Mothers should decide abortion. However, a legal standard should safeguard the unborn. When the state or non-profits care for the unborn, the mother benefits. Giving the mother the right to abort is pointless. Abortion is her only right. Compared to one to five million abortions, delivering 20 million newborns would put more demand on the nation's medical and economic resources. The law must protect mother’s and the unborn’sfreedom. As hospitable people, we should help lonely and terrified mothers and abandoned newborns. We must love and support unintended pregnant women and help them find humane abortion alternatives.