Abortion has been always a subject interest whenever women's right come into
picture. It is interesting to know that how even today many people do not know
what it looks like to allow a woman to decide whether she wants to have the
child or not? pro-life movement which started from the historical American
case Roe vs Wade(1), where in Supreme Court of USA ruled that unduly state
regulation of abortion is unconstitutional.
In a majority opinion written by Justice Harry A. Blackmun, the Court held that
a set of Texas statutes criminalizing abortion in most instances violated a
woman's constitutional right of privacy, which it found to be implicit in the
liberty guarantee of the due process of law. The pro-life and pro-choice
positions tend to be a highly polarized topic in the American political
discourse, with slightly more than half of American people supporting abortion
rights, and considerable regional variance on the issue.
Pro-life movement has been a game changer in context on women's right where
question is raised on right of unborn child, on the other hand unwanted
pregnancy or undesired pregnancy where abortions' is complete choice of women's
has now been strangled in women's neck as matter of saving life over saving her.
In an attempt to save the child under the pretext of religious sin or framing it
under regulation of state or centre authority is nothing but an violation of
women's right to decide for herself.
It has been seen in every religious rule book that abortion is nothing but
a sin, in reality not bringing a child into the world where there is no
possibility where mother can give best upbringing or give him reasonable
standard of living or the child is being born of patriarchal pressures and not
out of women's free will or where child is outcome of sexual violence pro-life
movement becomes baseless and useless at the same time.
Because any child born out of sexual violence over woman will never looked upon
as legitimate child which will cause not only trauma to him for rest of his life
but also be peer pressure on woman's mental health which can led to rise in
number of suicide cases and much more tragic crimes.
Pro-life movement talks about saving the child but just like every coin has its
two sides, pro-life movement has its own pros and cons where saving a life is
more important and not to harm the unborn child is the clear motive behind this
movement but at the same time it doesn't talk about the right of woman where she
is entitled and held responsible for aftermath of not having right to abortion.
Woman after giving birth to child is wholly responsible not only for welfare of
the child but its health, education and of most her life changes completely
where according to society her focus has to be her child an in-today's world
where we still don't acknowledge the talks of Mental Health, post-partem
depression is far away a topic for discussion which every new mother faces after
giving birth to child.
And when we talk about woman's right here where we need to give her the right to
decide the scenario out their in society is quite different on one hand we try
to save the unborn child to save a life but on the other hand we kill the female
fetus in the urge to have only male child, conditions laid down before woman for
having the right to decide for abortion is so strained that we cannot make out
whether we are trying to save the child or mother.
In cases where the child is even born after a forced and unaborted pregnancy
leads child's life in misery where many children are looked as burden and
something more to add to their miseries they are found in dump yard and in most
pitiable condition in hospitals and orphanages to live a life full of misery.
In such cases abortion is an inevitable choice because when you force a woman to
save the life she kills herself or the child by dumping it and if you allow
abortion to take place its just the unborn child which is killed but in unlike
the former part where mother if forced into pregnancy and also the child which
is life saved of unborn child ends up living life full of misery ahead in
Abortion sounds a little selfish decision out there but does our legislature
gives everyone right to abort and answer to this question is "NO" abortion in
India doesn't come at any time and anyhow, there is an established procedure and
guidelines by central government under Medical Termination Of Pregnancy Act
which woman has her right to abortion which is her constitutional right
Under this Act woman is allowed to abort her child her pregnancy has not
exceeded more than 20 weeks and in case if it is extended up to 24 weeks then
woman needs opinion of two registered medical practitioner as MTP ACT Under
section 2. Also, the opinion which is framed by doctor should be strictly
mentioning where continuance of pregnancy would endanger life of mother and
child both, or continuance of pregnancy would cause physical or mental
abnormality once born.
Thus in this era of equality where we are struggling through too many
difficulties life of woman can be made to eased where she can make a decision
whether she wants to bring the new life in this world because abortion may be a
sin to some and for some it may be an inevitable decision but knowing each one's
realities is difficult for any one person nothing general can be decided,
because with abortion pro-life movement is killed but with abortion we put child
and mother at stake? For me abortion will always be a choice because I can't see
child suffering for no fault of his neither mother who doesn't love child but
its a forced responsibility on her.
Written By: Advocate Bharti Bhogesara