A Woman’s Right to Abortion: A Disputed Freedom

Human rights should be universal and free from prejudice. The right to life is one of the most fundamental human rights, and as per the Supreme Court, it cannot be derogated. Article 6(1) of the International Covenant on Civil and Political Rights forbids the arbitrary deprivation of life. However, this right has contentious dimensions, particularly regarding abortion. The issue of abortion has long been debated in the context of balancing the rights of the mother and the unborn child.

While many societies initially opposed abortion, the landmark Roe v. Wade ruling by the U.S. Supreme Court led many governments to recognize it as a right. However, opponents still argue for its prohibition, making it a deeply contested issue worldwide.

Understanding Abortion

Abortion is the termination of an embryo or fetus through medical or surgical means. Medically, it refers to a miscarriage or induced termination before 20 weeks of gestation, at which point the fetus is considered nonviable.

Abortion as a Human Right

A person's stance on abortion is strongly influenced by their ethical, moral, and legal beliefs. The morality of abortion and the government's role in regulating it shape public opinions on the issue.

Abortion is fundamentally linked to a woman's right to life, liberty, and personal autonomy. Reproductive rights are recognized internationally as essential to women's health and human rights. Governments worldwide have increasingly committed to extending reproductive rights through legislation and policies. Every woman should have bodily autonomy, allowing her to make decisions regarding her reproductive health.

Legal Grounds for Abortion

Laws regarding abortion vary globally, but it is commonly permitted under the following conditions:

1. When continuing the pregnancy poses a higher risk to the woman's life than terminating it.

2. If the pregnancy would cause irreparable physical or mental harm to the woman.

3. If there is a significant risk of severe fetal abnormalities.

4. In cases of rape or sexual assault.

5. When an abortion is deemed medically necessary to save a woman's life.

Abortion Laws in India

In India, abortion is legal under specific conditions where a woman’s life or health is at risk. However, before the Medical Termination of Pregnancy (MTP) Act of 1971, abortions were performed secretly due to legal restrictions. The MTP Act was introduced to provide safe abortion access under regulated conditions.

Key Provisions of the MTP Act

Under Section 3 of the Act, abortion is permitted if:

• It is necessary to save the woman's life or protect her physical or mental health.

• The pregnancy resulted from rape or involves a mentally ill woman.

• The fetus is at risk of severe malformations or genetic disorders.

Despite these provisions, a woman's right to abortion is still disputed. Medical practitioners must justify the termination by proving potential risks to the woman’s life, grave physical or mental harm, or fetal abnormalities. This raises concerns about whether a woman can request an abortion solely because she does not wish to have a child.

The Debate on Abortion Rights

A key question arises: should a woman have the sole right to decide on abortion? If a woman is mentally sound and has reached maturity, she should be allowed to make reproductive choices without restrictions. However, legal and ethical frameworks often place limitations based on societal, moral, and medical concerns.

While the Indian abortion law focuses on physical and mental health risks, it does not consider other factors, such as:

• Financial instability of the woman or family.

• Career aspirations and personal circumstances.

• Unwillingness to continue a marriage or relationship due to an unplanned pregnancy.

These limitations raise questions about whether the law fully supports a woman's autonomy. Additionally, should women be compensated for the physical and mental trauma of an unwanted pregnancy? The MTP Act indirectly protects the unborn child by prioritizing the mother’s well-being, but it does not explicitly safeguard fetal rights.

The Conflict Between Abortion and the Right to Life

The abortion debate is influenced by religion, morality, and culture. The right to life is often used as an argument against abortion, leading to various legal restrictions. Some countries implement a trimester-based system, allowing abortion only during early pregnancy, while others impose strict prohibitions.

Arguments for and against abortion generally revolve around two perspectives:

1. Moral Justification – Whether abortion is ethically permissible.

2. Legal Justification – Whether laws should permit or restrict abortion.

This conflict complicates the issue, as morality and law do not always align.

Striking a Balance

While a woman should have the right to make reproductive decisions, legal frameworks must also protect the unborn. If the state or non-profits provide care for unwanted children, it could offer alternatives to abortion. However, merely granting the right to abortion is insufficient without proper medical and social support.

Given the high number of abortions annually, compared to millions of births, abortion policies must balance individual rights with societal concerns. The law should protect both the mother and the unborn while ensuring access to safe medical procedures.

Abortion remains one of the most complex human rights issues, balancing personal freedom with legal and ethical considerations. Women should have autonomy over their bodies, but legal systems must also ensure medical safety and ethical oversight.

A compassionate approach is essential—one that supports women facing unintended pregnancies while providing viable alternatives to abortion. Instead of solely focusing on legal restrictions, societies should work toward better healthcare, education, and support systems to empower women in making informed reproductive choices.

Also Read: Heaven, Wait --- Hauntingly Beautiful

Also Watch: