Abortion has been a controversial term since ancient times. Literally, the term is used to refer to the act of bringing a pregnancy to an end, by either extracting an embryo or the fetus before maturity. Accidental abortion is known as miscarriage; however, an intended form of abortion is what we call induced abortion. In some cases it is referred to as the late termination of pregnancy; the removal of the fetus is done when it has the potential to survive in the outside environment. In developed countries, the practice has been allowed under certain conditions, and it is done using modern techniques, which are safe and take care of the future health, physical, biological, and psychological needs of the individual. Application of modern surgical methods and medication followed up by family planning methods, like the pill, to maintain the life of the woman in a normal way. This secure approach does not expose the woman to long-term side effects of abortion, which are both mental and physical. Ethical, State, and religious views on abortion vary from place to place. In several regions, the act is allowed in certain situations like rape, biological problems, in case the woman's life is endangered, or incest. However, abortion has remained a debatable issue morally, ethically, and legally.
Though the World Health Organization has recommended safer and lawful methods of abortion and some States even legalized it. The United States Supreme Court recently made a significant ruling on abortion rights in the case of Dobbs v. Jackson Women's Health Organization
1 . This decision is seen as a major win for pro-life advocates, as it allows states to impose greater restrictions on access to abortion. The case concerned a Mississippi statute that prohibited most abortions after 15 weeks of pregnancy with only a few exceptions for serious fetal abnormalities or medical emergencies. The state argued that the legislation was required to safeguard fetal life and advance the health of women. The only abortion clinic in Mississippi, Jackson Women's Health Organization, challenged the law on the basis that it contravened the right to abortion established by the Supreme Court's famous Roe v. Wade ruling. The Mississippi legislation was upheld by the Supreme Court in a 6-3 decision, effectively overturning decades of abortion law. The viability standard established inRoe v. Wade 2 , which barred states from outlawing abortions before a fetus could live
1 Dobbs v. Jackson Women's Health Org. – 142 S. Ct. 2228 (2022)
2 Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147
outside the womb, was declared unconstitutional, according to the majority opinion, which was penned by Justice Clarence Thomas. The Mississippi legislation 3 was also challenged as placing an excessive burden on the right to an abortion, but the Supreme Court rejected this claim as well, ruling that states have the right to regulate abortion in order to safeguard maternal health and advance respect for human life. The decision has been met with fierce opposition from reproductive rights advocates, who argue that it poses a direct threat to the right to abortion. They point out that the majority opinion explicitly states that states may regulate or ban abortions prior to viability, which could pave the way for further restrictions on abortion access. In addition, the decision puts into question the continued validity of Roe v. Wade, which established a woman’s right to choose to have an abortion
before fetal viability.
The Supreme Court's ruling is expected to have a significant effect on abortion rights, both in terms of the legal environment and public perception. It is yet to be seen how the ruling will be received by the states and what impact it will have on women's access to abortion. One thing is certain, though: the battle for abortion rights is far from over, and the Supreme Court's ruling is probably going to spark more discussion and dispute in the years to come.
Whereas in India, The Medical Termination of Pregnancy (MTP) Act 4 , originally passed in 1971 and revised in 2021, regulates abortion rights. The Act aims to safeguard the health and rights of women by allowing safe and lawful abortions to be carried out under certain conditions. A woman may request an abortion under the MTP Act if the pregnancy threatens her physical or mental health, if there is a chance of fetal defects, or if the pregnancy was brought on by rape or incest. The Act also permits abortions up to 20 weeks of pregnancy, with a few exclusions for unique circumstances. The 2021 amendment to the MTP Act 5 is a significant development in abortion rights in India. In some circumstances, such as when the pregnancy endangers the woman's life or bodily or mental health, it raises the cut-off point for abortion is from 20 weeks to 24 weeks. The amendment also makes it possible to terminate pregnancies in instances of foetal abnormalities, which was previously only permitted under specific circumstances.
3 The Mississippi Legislature is the state legislature of the U.S. state of Mississippi.
4 THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971
ACT NO. 34 OF 1971
5 Ministry of Health and Family Welfare. Rajya Sabha passed the Medical Termination of Pregnancy (Amendment)
Bill, 2021.Available from https://pib.gov.in/PressReleasePage.aspx?PRID=1705381 Accessed on 15th February
2022
Despite India's legislative protections for abortion rights, access to safe and authorized abortions is still a problem in many regions of the nation. Social stigma, ignorance of legal rights, a weak healthcare system, and a lack of qualified healthcare professionals are all obstacles to entry. Because of this, unsafe and unlawful abortions have become increasingly common, endangering the lives and health of women. The Indian government has implemented a number of policies to increase access to safe and authorized abortions in order to resolve these issues. The public's understanding of abortion rights must be raised, healthcare professionals must be trained in safe abortion techniques, and access to medical centers for abortion services must be improved. Additionally, the government has set up a toll-free helpline for women looking for abortion-related information and assistance. In conclusion, India's Medical Termination of Pregnancy (MTP) Act offers a legal framework that, under certain conditions, enables women to obtain safe and legal abortions. The recent amendment to the Act is a step in the right direction for increased access to abortion services, especially in situations where the pregnancy presents a risk to the woman's life or health and there are fetal abnormalities. Due to societal stigma, a lack of knowledge, and a deficient healthcare system, many women in India still encounter significant obstacles to getting safe and legal abortions. To guarantee that all women have access to safe and legal abortions,
there is a need for increased public information as well as better access to healthcare facilities and trained providers. India can continue to handle these issues in order to defend the health and rights of women while advancing reproductive Justice to all.