Access to Safe Abortion Is a Basic Human Right

1. Access to Safe Abortion Is a Basic Human Right “The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. When government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices.” – Justice Ruth Bader Ginsberg Today is International Safe Abortion Day – the day when individuals, organizations and governments worldwide mobilise to make their demands heard on the need to defend and protect a person’s right to safe and legal abortion; and ensure reproductive justice. The theme for this year is abortion in uncertain times. Many of us have been shocked by the United States (US) Supreme Court’s decision that overturned the landmark 1973 judgement – Roe V. Wade – earlier this year. This judgement gave women in the US, the constitutional right to terminate a pregnancy. When the conservative majority of the US Supreme Court gutted Roe V. Wade, they effectively stated that women no longer have the right to make their own reproductive decisions. In the months since, there has been global outrage to this news and we have seen many conservative US states passing extremely restrictive laws banning or severely limiting access to abortion with new attempts to introduce federal restrictions.

2. While trying to digest this development, a 2018 documentary quietly popped up in our Netflix suggestions. Whether it was a coincidence or the Netflix algorithm at work, the documentary – Reversing Roe – piqued our interest. This film – a must watch – is a fascinating insight into how the debate around abortion has evolved in America and its eventual politicisation. In India, abortion is legal according to the Medical Termination of Pregnancy (MTP) Act. This was enacted in 1971 and women could get an abortion up to 20 weeks of pregnancy, based on certain conditions. As of 2021, the period for the abortion was extended to 24 weeks – again based on conditions: if the person is a survivor of rape or incest, a minor; when there is a change in one’s marital status during pregnancy (widowhood or divorce); and there is no gestation limit for abortion if there are foetal anomalies and a medical board confirms that the pregnancy can be terminated. The MTP Act 2021, is an improvement as it widens the scope of getting a legal abortion. The law, however, still does not recognise abortion care as a critical part of any person’s rights to reproductive, bodily, and sexual autonomy. Even after it was amended, our justice system is uncertain in its approach to abortions. Recent events are a testimony to this – the Supreme Court of India has to intervene to allow an unmarried woman to end her pregnancy at 24 weeks, after the Delhi High Court refused, citing the provisions of the law. In the 2017 landmark ruling in the right to privacy case, our Supreme Court unequivocally said that ‘A woman’s freedom of choice whether to bear a child or abort her pregnancy are areas which fall in the realm of

3. privacy.” In an ideal world, a pregnant person should not need to approach a court and/or medical board of any kind to terminate an unwanted pregnancy adding to the mental and physical toll that they are already under. The decision, whether or not to continue a pregnancy, is theirs alone and between them and their doctor. Read More about Safe Abortion Is a Basic Human Right