top of page

PRO-CHOICE V. PRO-LIFE


There is always a tussle between what’s moral and what isn’t. The dynamics of right or wrong changes from time to time. Many values and ethics tend to change according to the needs, wants and thought process of the society. In fact, laws are evolved after looking at the thinking pattern of society. The right and wrong is a very subjective and relative concept, but we need to come to a generalised consensus, in order to do that the reasonability of the fact and the intelligible differentia comes into consideration. United Nations have categorised three vulnerable groups which include women as well. When women’s rights are discussed we fall down to talking about basic and inalienable rights which are deprived of a person.


There are different views and opinions about abortion, they can majorly be categorized into pro-choice and pro-life. One overpowers the person carrying the child’s opinion important while the other gives more importance to the one who is about to be born.

Pregnancy is a difficult phase and there are several factors that should be considered

for instance, if the person doesn't have enough resources to raise a child or if there are any complications during pregnancy in such scenario it will be absurd to have a child because a child Is a big responsibility for both the parents and if they can't afford it there is no point in contributing to the population and going inside more poverty.


THE TERMINATION LEGISLATION


A child is inside a women’s womb and thus to keep it or not is something that should be decided by her as it comes under the basic rights and the government interfering in it breaches right to privacy of a person. India had Medical Termination of Pregnancy (MTP) Act, 1971. The MTP Act allowed termination of pregnancy up to 20 weeks of pregnancy. In case termination of pregnancy is immediately necessary to save the life of the woman,

Although, the MTP allows abortion but just partially it is more inclined towards rape victims.

Now, this bill is amended and The Medical Termination (amendment) bill, 2020 is passed by the Lok Sabha. Changes brought: 1) Under the Act, a pregnancy may be terminated within 12 weeks, if a registered medical practitioner is of the opinion that: (i) continuation of the pregnancy may risk the life of the mother, or cause grave injury to her health, or (ii) there is a substantial risk that the child is born, would suffer physical or mental abnormalities termination of pregnancy between 12 to 20 weeks, two medical practitioners are required to give their opinion

2) Under the Act, if any pregnancy occurs as a result of the failure of any device or method used by a married woman or her husband to limit the number of children, such unwanted pregnancy may constitute a grave injury to the mental health of the pregnant woman.  The Bill amends this provision to replace ‘married woman or her husband’ with ‘woman or her partner’. 3) Approval of two registered medical practitioners will be required for termination of pregnancies between 20 to 24 weeks.  The termination of pregnancies up to 24 weeks will only apply to specific categories of women, as may be prescribed by the central government.



There are many personal stories being shared by parents across the globe which proves that there is a danger being diagnosed to the child as well as the mother even after 20 weeks of pregnancy.

India, is quite progressed when it comes to abortion rights but there are many countries completely denying the basic rights of an individual.


CATEGORIES OF ABORTION LAWS


Category 1. Prohibited Altogether There are some countries were abortion is totally prohibited, even if the mother's life is at risk or the child is born as the consequence of rape. 90 million (5%) women of reproductive age live in countries that prohibit abortion altogether.

Category II. To Save a Woman’s Life The laws of the countries permits abortion only when woman’s life is at risk. 39 countries fall within this category. 359 million (22%) women

Category III. To Preserve Health The laws of countries in this category permit abortion on the basis of health or therapeutic grounds. 237 million (14%) of women

Category IV. Broad Social or Economic Grounds These laws are generally interpreted liberally to permit abortion under a broad range of circumstances. These countries often consider a woman’s actual or reasonably foreseeable environment and her social or economic circumstances in considering the potential impact of pregnancy and childbearing. 386 million (23%) of women

Category V. On Request (Gestational Limits Vary) 590 million (36%) women of reproductive age live in countries that allow abortion on request. 67 countries globally fall within this category. The most common gestational limit for countries in this category is 12 weeks.

AUTHOR'S NOTE

The person carrying the child should have the whole and soul right towards the child. Why should a government interfere in something so personal? Something which should be questioned is gender-selective abortion, and the person can know the gender approximately from 18 to 20 weeks. So, MTP fails to do that as well. Then, what basically is the point behind restricting a woman’s womb? India is quite liberal about abortion rights but there are many countries where it's totally prohibited or is permitted only when health is in question. It's a grief that till now women have to fight for her basic body and reproductive rights. To have a child or not is a very personal choice. A child is not a tumour which can be thrown away, it is a huge responsibility and even giving birth comes along with fatal risks, What if, a person isn't ready? There are many debates and discussions going around the globe about the same and it is sad that people believe that they have a say in something so personal and that they can alienate someone's human rights so easily.


References

"What's wrong with India's abortion laws?". The Indian Express. 5 December 2017. Retrieved 2 July 2018.

https://www.scielo.br/scielo.php?pid=S0104-83332017000200305&script=sci_arttext&tlng=en






















































1,002 views1 comment
Post: Blog2_Post
bottom of page