Abstract:-
Abortion basically means termination of pregnancy, in plain simple sight it seems that this should not be an issue, mothers whether they want to give birth to the baby it’s her choice, but it is not as simple as it seems, it is a very controversial topic with almost 50% of the countries think it should be prohibited whereas 50% thinking that it should be allowed, but even those countries who believe abortion allowed have very specific laws in place.
Introduction:-
To understand the controversy around abortion we must first realize what are the different merits or demerits which come along with abortion.
Merits:
- To save a woman’s life: When an abortion is required to save a woman’s life, it is legal.
- Physical Health: When a woman’s pregnancy puts her at serious risk of harm, abortion is permitted.
- Mental Health: When a woman’s mental or emotional health is at risk due to pregnancy, abortion is permitted.
- Rape: When a pregnancy is the consequence of rape, abortion is permitted.
- Incest: When a pregnancy is the result of incest, abortion is permitted.
- Fetal Impairment: When a foetus is known to have serious physical or mental problems, abortion is permitted. Because they can range from completely lethal disorders like anencephaly to non-life-threatening conditions like Down syndrome.
- Socioeconomic: When a woman cannot financially sustain the kid, abortion is permitted.
Demerits
- The major negative aspect which people believe in respect to abortions is the morality issue,
- People believe the entire thinking of motherhood and its holiness will be challenged together
- People also strand the opinion that mother cannot choose whether she wants to continue with the child because the child is already breathing and life is formed thus it is basically murder.
These are the major points of conversation which revolves around abortions and why almost everyone has different stance on the same, it can be argues that the earlier discussed demerits are very orthodox and conservative whereas the merits easily overpower the demerits, but the points argued by the people believing in demerits also revolves around centuries of belief and on the name of development the past cannot be forgotten.
Coming to India’s perspective, India has legally allowed abortion in the country since the enactment of Medical Termination of Pregnancy Act (MTP), but there are various restriction and rules are placed which are:
The Supreme Court (SC) of India ruled on September 29 that all women, regardless of their marital status, are permitted to have abortions up to 24 weeks into their pregnancies. This decision was made in response to the case of a 25-year-old unmarried woman whose request to end her pregnancy in the 24th week had been denied by the Delhi High Court. The supreme court ruled that the artificial distinction between married and unmarried women cannot be upheld and that the choice of whether to carry the pregnancy to term or to have it terminated was deeply rooted in a woman’s right to bodily autonomy and the freedom to direct the course of her own life.
Many women and pro-choice campaigners applaud the law’s change because they feel it ends discrimination and grants every woman the right to a safe and legal abortion, which will have an impact on millions of people’s lives in the years to come. The SC’s latest order raises the question of how the expansion of existing statutes and rules—in reality—will contribute to the long-running struggle for reproductive and physical autonomy of Indian women, however, considering the fact that abortion rights have not always been so unfettered in India.
Whereas when it comes to Western countries stand has changed recently after Roe v. Wade, the historic decision that laid the groundwork for legal abortions in the United States for 50 years, was virtually overturned on Friday when the US Supreme Court voted in favor of a harsh Mississippi abortion legislation.
With minor exceptions, most conservative, republican-governed states would immediately outlaw abortions as a result of the judgement, which is largely recognized as one of the Supreme Court’s most significant rulings.
The court ruled that “abortion is not a right that the Constitution grants.”
State-by-state regulations and rules on abortion vary, and with the elimination of the federal protection, certain states will no longer allow it.
Following America’s stand various countries have changed their stance on abortion and are moving towards prohibiting Abortion all together and the countries which prohibited abortions have got a huge moral support and bonus.
Conclusion:-
In conclusion the world stands divided on the point of view of abortion, India has rather taken a very liberal perspective when it comes to abortion, but the same cannot be said about every country specially after the changes in the U.S. abortion laws, but slowly but steadily the world is moving towards a liberal approach towards abortion though there exist major setbacks for abortion its in a good path.
This article is written Harsh Gupta,2nd Year ( 4th Semester),Symbiosis Law School, NOIDA.
