ABORTION AND ITS LEGALITY
ABORTION AND ITS LEGALITY
Written by: DHRUVI JOSHI
3rd year BLS.LLB
(5yr course)
Kes'Shri Jayantilal H
Patel Law College
Edited by: YASH JAIN
5th Year B.B.A.LL.B. (Hons.)
Amity Law School, Noida
When a pregnancy is terminated in order to
prevent childbirth, this is known as an abortion. It is often referred to as
"terminating the pregnancy." A method to end a pregnancy called an
abortion. A qualified healthcare practitioner performs it. There are two ways that
are practiced. They are:
Medication abortion, in which the pregnancy
is terminated by medications. It's often referred to as an "abortion with
pills" or a "medical abortion."
Abortion by process, in which the pregnancy
is taken out of the uterus. It's also referred to as a "surgical
abortion."
Natural abortions are frequently referred
to as miscarriages. Humans have the option to abort their babies before they
are even born. Induced abortion is the term used for this. Abortion is
frequently only used to describe induced abortions.
The foetus or embryo usually exits the womb
in both types of abortion. This is referred to as a total abortion. The embryo
or foetus can sometimes stay inside the womb. Missed abortion is the name for
this. In order to prevent the mother from contracting an infection, surgery is
required to eliminate the foetus from the womb.
Every year, over 56 million medical
abortions are carried out worldwide, with about 45 percent being unsafe.
Between 2003 and 2008, abortion rates barely changed; prior to that, they had
been declining for at least 20 years as access to family planning and birth
control grew. 37% of women worldwide had access to lawful abortions as of 2018
with no restrictions on the procedure's justification. Regarding induced
abortion, several nations have varied legal frameworks. Numerous nations forbid
abortion, but there are frequently exceptions that allow it in situations like
family child molestation, rape, the embryo having serious impairments, or the
woman's health being in danger.
There are various restrictions as to how
long in pregnancy abortion is legal in countries that allow it. Countries that
forbid abortion and those that permit it both have comparable abortion rates.
Abortions have historically been tried
using herbal remedies, pointed objects, vigorous massage, or other conventional
techniques. Distinct countries have different abortion legislation and social
or religious perspectives on the procedure. In certain places, abortion is only
permitted under particular circumstances such rape, fatal abnormalities,
poverty, health risks to the mother, or incest. The philosophical, ethical, and
legal implications of abortion are up for debate. People who oppose abortion
frequently claim that an embryo or the foetus has a right to life and therefore
compare abortion to murder. Abortion advocates frequently make the case that a
woman has the authority to make choices regarding her own body. Others support
abortion being available and legal as a public health intervention.
Because of the controversy they have
sparked in the US, abortion rights are once again being discussed. Considering
the ongoing debate in the US. India, what about it? Abortion is permitted in
India? Yes, it is legal, to put it succinctly. Before the first 24 weeks of
pregnancy, women can get an abortion.
In India the Medical Termination of
Pregnancy Act of 1971 has stated that abortion is legal. The Medical
Termination of Pregnancy Act (1971) was passed in India, according to the
Ministry of Health and Family Welfare, to "allow for the elimination of
certain pregnancy by registered Medical Practitioners and for purposes relating
with or incidental thereto."[1] The MTP statute lists the
circumstances in which abortion is permitted.
If one doctor agrees, a pregnancy can be
ended before the full 20 weeks. If a pregnancy is to be terminated before 24
weeks, two medical opinions are required. If giving birth would pose a serious
risk to the mother's life, she could choose to terminate the pregnancy. If it
is discovered that the unborn child will have significant physical or mental
problems, the mother may choose to terminate the pregnancy. The MTP statute
requires that the identification of the woman having an abortion be kept
private.[2]
Under the following circumstances, a
gestation of 20 weeks can be prolonged to 24 weeks:
- 1.
Survivors of rape, sex assault,
or child abuse
- 2.
Minors
- 3.
Alteration of the marital
status when pregnant (widowhood and divorce)
- 4.
Women who have physical
limitations
- 5.
Psychologically ill women
- 6.
Women who are expecting a kid
with foetal anomalies run a significant chance of having a child who is not
compatible with life.
- 7.
Pregnant women in humanitarian
situations, disasters, or emergencies[3]
[3] https://main.mohfw.gov.in/acts-rules-and-standards-health-sector/acts/mtp-act-1971#:~:text=The%20Medical%20Termination%20of%20Pregnancy%20Act%2C%201971&text=An%20Act%20to%20provide%20for,connected%20therewith%20or%20incidental%20thereto.
The historic 1973 decision in "Roe v. Wade,"
which established abortion as a constitutional right in the US, was reversed by
the Supreme Court of the United States of America (SCOTUS) with a 6:3 majority.[1] The judges bemoaned that the
ruling would result in "the limitation of women's rights, and of their
standing as free and equal citizens," despite the majority opinion's claim
that the "right to abortion is not profoundly anchored in the Nation's
history and tradition." The ruling allows individual states to either
forbid or permit abortions.[2]
In Roe v. Wade, the court determined that
the "right to privacy, including a woman's qualified right to terminate
her pregnancy," is likewise protected by the Fourteenth Amendment. Then it
claimed that after a foetus becomes viable, states may limit or outlaw
abortion. But for decades, the choice has been a source of conflict between
conservatives and liberals in the US.
A number of international and national
human rights treaties as well as national constitutions all over the world
safeguard the fundamental human right to a safe and legal abortion. These tools
enshrine safe abortion in a slew of rights, including the freedom from harsh,
inhuman, and degrading treatment as well as the rights to life, liberty,
privacy, equality, and non-discrimination. Restrictive abortion regulations
have consistently been criticized by human rights organizations as being in
violation of those standards.
970 million women reside in nations that
generally permit abortion, which accounts for 59% of women of productive age.
Despite the fact that the majority of women reside in nations where they have
access to abortions, 41% of women do. 1.2 billion women of childbearing age are
impacted by the inability to obtain secure and legal abortion services. The
World Health Organization (WHO) estimates that each year, 23,000 women die
from unsafe abortions and tens of thousands more suffer grave health
consequences. Legal limits on abortion do not reduce the number of abortions;
rather, they force women to seek unsafe abortion treatment, endangering their
lives and health.
In practically every country, abortions are
permitted at least in certain circumstances, but these circumstances vary
greatly. Abortion is legal in 98% of nations to save a woman's life, as per a
United Nations (UN) assessment based on data acquired up to 2019. Abortion is
legal in more than a hundred other nations, states, and territories. But even
in today’s time abortions are still considered illegal in various countries. A
woman should be the owner of her choice whether she wants an abortion or not.
REFERENCES
https://en.wikipedia.org/wiki/Abortion_law
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