ABORTION LAWS AND RIGHTS OF A WOMAN

Abortion laws are those laws implemented by a state that permit, restrict, or prohibit abortion access. With many cultures having a negative stance on abortion due to religious, ethical, social, or political reasons, abortion has become one of the most controversial subjects.

Percentage of Countries Granting Abortions on the Following Conditions

Percentage of Countries Granting Abortions on the Following Conditions
Abortion to save a woman's life	95%
Abortion due to health risks	68%
Abortion to preserve mental health	65%
Abortion in the case of rape or incest	51%
Abortion due to  fetal impairment	50%
Abortion to economic or social reasons	35%

Abortion Laws Around The World

While abortion to save the mother's life is allowed in most countries, 97 percent, abortion on the grounds of a woman's request is legal in only 30 percent of countries of the world. The most stringent and draconian of these laws exist in Ireland, El Salvador, and Chile, where women have deemed criminals to undergo abortion procedures. 

• Women in Ireland face 14 years of imprisonment if they undergo an abortion without any substantial risk to her health. Promotion or advocacy of abortion is strictly prohibited. 

•  El Salvador and Chile have one of the harshest abortion laws in the world. There is a complete ban on abortion with no exceptions. A woman faces charges of homicide if she opts for an abortion.

Even in the US, a country belonging to the 30% that is most lenient on abortion procedures, certain states like Alabama, Georgia, Kentucky, and Ohio have recently adopted anti-abortion laws.

Abortion Laws in India

Abortion in India can be performed until 20 weeks of the pregnancy on the grounds of the woman's mental and physical health, the fetus's impairment, and social and economic reasons. Abortion after these 20 weeks may occur only in exceptional cases. 

Abortion was criminalized in India until recently when the Medical Termination of Pregnancy Act was passed in 1971. Since then, there have been many amendments to the act, recognizing situations under which a woman may have an abortion. There have also been demands to extend the 20-week deadline by civil society. 

The female body

A ban on abortions is an exercise of the dominance of law over the female body. A woman knows best when and how to give birth to a child, if at all. Taking away her rights over her own body is an even more unethical and immoral act than the actual act of abortion. It is hypocritical to undermine a living-breathing person's rights in favor of supporting the rights of a fetus.

Abolition of abortions does not ensure the non-existence of abortion procedures. Abortions still happen illegally - women opting to undergo the procedure in unsafe and dangerous conditions in the absence of a better alternative. There also exist women who, unable to access abortion in their own countries, travel abroad for an abortion. All of this places significant risks to the body and political status of the woman.

India is a country where female foeticide is not rare. Therefore, concern for abortions that may potentially harm a female fetus is valid. This places us at crossroads – whether to respect the female body or to protect the girl child. The best way to deal with this is to navigate between the two in a precise and meticulous manner and case-by-case consideration.