Abortion Debate
Context
The woman had submitted that she was physically, emotionally, mentally, financially and medically unable to carry, deliver or raise another child.
A married woman, 26 weeks pregnant, has approached the Supreme Court seeking permission to terminate her pregnancy due to post-partum depression and other health issues.
What is the debate?
The Bench said live-in relationships had already been recognised by the Supreme Court.
The court noted that an amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit.
Ethical questions
raised
Secondary questions
Primary questions
Should abortion be legal or illegal?
Is abortion morally wrong?
We need to ask whether having an abortion is the best thing (or least bad thing) since it involves killing
If we conclude that abortion is morally wrong, that doesn’t mean that it’s always impermissible to have an abortion
If we conclude that abortion is not morally wrong, that doesn’t mean that it’s right to have an abortion
Arguments in favour
Foetal viability occurs post-birth
No proof of foetal pain
Reproductive choice empowers women
Preventing illegal abortions
Upholding individual conscience and decision-making
Justified means of population control
Threat to Mother’s and Child health
MTP Act
Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat
Medical Termination of Pregnancy (MTP) Act in 1971, Amended in 2003
Four situations under which
a legal abortion is performed:
If the foetus has any severe abnormalities
If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
If continuation of the pregnancy poses any risks to the life of the mother or mental health
If pregnancy is a result of sexual assault or rape
Way forward
There could be no two opinions that a victim of rape shall be allowed the choice to abort.
Rather than banning abortion, lawmakers must focus on counselling, employment security, social welfare
It is only that a foetus does not have the ability to exercise an option while the person who carries it does
We must achieve some degree of protection for the unborn by obtaining voluntary concieve
Right of a woman to choose what to do with the foetus has to be balanced with the right of the foetus to survive