“No woman can call herself free until she can choose consciously whether she will or will not be a mother.”

Margaret Sanger

What is ABORTION?

Abortion refers to the termination of pregnancy by the removal or expulsion of an embryo or fetus. It is also referred to as termination of pregnancy.

What is PRO-CHOICE?

Pro-Choice refers to the argument that the mother has the choice to decide to either carry-out the pregnancy or terminate the fetus. A woman alone has the right to her body and no one holds the authority to decide on her behalf. The choice is about who gets to make the decision, WOMEN do.

What is PRO-LIFE?

Pro-Life is the argument that a fetus, no matter how small, is entitled to basic Human Right to life. From the moment a pregnancy is conceived, a fetus is considered a human.

What is PRO-ABORTION?

Pro-Abortion refers to the possibility for a woman to get an abortion, just to delay parenthood or because she doesn’t want a baby. Pro-abortion is vital for a mother and child’s health. Pro-Abortion is different than Pro-Choice, in the sense that Pro-Life is for when a woman who contemplates whether or not to terminate the pregnancy, but Pro-Abortion is for women who know for sure they want to terminate the pregnancy.

India’s Abortion Laws History:

Until 1971, Abortion was a criminal offence under Section 312 of the Indian Penal Code, 1860. The IPC didn’t (still doesn’t) include the word abortion, and instead referring to it as “intentionally causing miscarriage.” This had to be as a result of centuries of patriarchy. Except for in cases where abortions were carried out to save the mother’s life, it was a crime. Women have been denied basic rights including freedom of speech, education, and freedom to choose anything for themselves. Denying women reproductive rights is one more pillar of patriarchy.

In 1960, 15 countries legalized abortion, and as a result, debates around the abortion laws started in India. In 1964, the Ministry of Health and Family Welfare (MoHFW) and the Government of India set up a committee led by Shantilal Shah to make a better decision. The committee carried out an extensive review of the socio-cultural, legal, and medical aspects of abortion and found that 6.5 million abortions took place each year, most unsafe and unsanitary.

In 1971, the Medical Termination of Pregnancy (MTP) Act legalized the termination of pregnancy (still not using the word abortion) with several conditions up to 20 weeks (from the first day of the last menstrual period). The conditions are:

• “When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
• When there is substantial risk that the child, if born or dead would be seriously handicapped due to physical or mental abnormalities;
• When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
• When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).”

The MTP Act specifies who can terminate a pregnancy, till when a pregnancy can be terminated, where a pregnancy can be terminated. 

The MTP Act also specifies who is legally allowed to terminated a pregnancy, a practitioner who, “has a recognized medical qualification under the Indian Medical Council Act, whose name is entered in the State Medical Register, and who has experience or training in gynaecology and obstetrics.”

India’s Abortion Laws:

Abortion in India is only legal when performed on various grounds until 20 weeks of pregnancy. In exceptional cases (rape, incest, medical emergency), any Indian court may allow the termination after 20 weeks.

While India’s abortion laws seem liberal, they are far from it. India’s abortion laws, although legal, are neither pro-choice, pro-life nor pro-abortion. 

The MTP Act doesn’t allow women to terminate their pregnancy to delay parenthood or because they don’t want to be a mother. Unless a woman’s life is at substantial risk or if her pregnancy is causing her physical, emotional, and psychological distress, she isn’t allowed to abort.

Instances Where the Indian Abortion Laws have been Problematic

• Savita Sachin vs Union of India
  • Indian court rejected the request to terminate a 27-week pregnancy on the base that there was no physical harm to the mother
  • The fetus, however, had several physical anomalies.

• Alakh Alok Srivastava vs Union of India
  • A 10-year-old rape victim was denied permission to abort her 32-week pregnancy
  • The court felt responsible for the fetus’s life.

• May 2017
  • Patna High Court denied an abortion for a 26-week pregnant, HIV-positive rape victim because the court felt responsible to keep the child alive.

Why do Women decide to ABORT?

There are multiple reasons why women might want to abort. A few reasons include:

• When the parent(s) is financially unprepared
• Unplanned/Accidental
• Bad/Abusive Partner
• Conception by Rape, Incest, or any other sexual assault 
• Teen/Early Pregnancy
• Health Issues
• Dependent and/or Unprepared
• Addiction
• No longer want kids
• Delaying Parenthood
• Unwilling to be a parent
• Not ready to have a kid
• Pregnancy interfering with Education, Work, Promotion.
• Any other unique reason a woman wants to terminate her pregnancy.

Why is this discussion important?

Each year millions of women, terminate their pregnancies. 56% of whom have unsafe abortions, resulting in death and other serious physical, reproductive, and psychological problems. 

Most of India’s rural population is unaware of the legality of abortions and even more, have to travel 20-30kms to get an abortion. Those who know, are unaware of the legalities and terms attached.

Furthermore, a woman is the one carrying a child and has many medical implications during pregnancy and after childbirth. Apart from the physical strain on the body, many women go through postpartum depression. She holds the sole right to choose to either carry or terminate her pregnancy. Unfortunately, many countries, including India do not give that right to women.

Until a woman has the right to make that decision herself, women will never be truly free from this Patriarchal prison.

Further, a fetus is considered human by many pro-life activists. What they fail to understand is a fetus comes into this world and becomes a child. If an unwilling mother births a child and neglects them, then a child is traumatized for years to come. Millions of children are orphans and in the foster system. A mother’s responsibility doesn’t end at childbirth. It carries on for the rest of the child’s life. If a person unwilling to take on that kind of responsibility, it is better to terminate that pregnancy than to birth a kid who’d have to suffer later in life.

The world population is also another factor in support of Pro-Choice and Pro-Abortion. Willing Partners (who don’t want kids) can adopt kids and provide them a loving and safe environment. 

How does Pro-Choice vs Pro-Life affect others?

Abortion was introduced first by the Roman Law, performed only on the biological father’s consideration. For centuries, women who had an abortion without consent from their partners were exiled or sentenced to death.

Many Asian and Middle-Eastern countries still permit abortion only after consent from the biological father. A mother who aborts without consent can be sued by the father, but a father who gets the mother to abort the fetus without the mother’s consent cannot take any legal action. The double standard that exists even in the 21st Century is outrageous. 

Abortion is a serious and important decision. While it is the woman who carries the child, the partner has a right to the baby as well. Both partners need to discuss because abortion affects men as well.

Fathers do not hold any rights over their unborn child. It is a hard fact that most times when a mother doesn’t want to carry out a pregnancy, the father might want. A child, however, still, in this day and age is more a mother’s responsibility. The father provides and the mother cares for the child and house. Despite the ongoing patriarchy, many women are standing strong with full-blown careers and don’t want to settle down with a kid. 

Men with kids have a career advantage, they are paid more and are considered trustworthy. Women with children are considered a liability and are affected by the Motherhood Penalty. 

While it is true that men too are humans and form an attachment with their unborn children, the repercussions of childbirth are more severe on women than men. 

Armin Bortt said, “A woman can legally deprive a man of his right to become a parent or force him to become one against his will.” While Armin Brott is right, he forgets that this works both ways. A man too legally deprives a woman of her right to become a parent or forces her to become one against her will. Parenthood should include two consenting parents who want a child.