Roe VS Wade and Abortion in India

Content Warning: Abortion, Sexual Assault, Unwanted Pregnancy

On 3rd May, 2022 the Supreme Court of the United State (SCOTUS) voted to overturn Roe v Wade. I've made a short video on YouTube about the same, talking about the status of abortion laws in India.

Ever since the decision was made to likely ban abortion in the USA in the near future, people have gone up in arms about it, and rightfully so. I say that because everyone deserve access to safe abortion. However, I'm going to take this opportunity to bring your attention to the condition of abortion laws in India.

As recently as today, the Bombay High Court rejected a minor sexual assault survivor's plea to terminate her 29-week-old pregnancy, on the basis of the medical report, as per which "there is high probability of the baby being born alive". In such a scenario, the child would suffer from life-long morbidities.

Speaking of the legal status of abortion in India, voluntarily causing a "pregnant woman" to miscarry is a criminal offence. Unless it was done in "good faith", to save the pregnant woman's life. Additionally, a pregnant woman causing herself to miscarry is a criminal offence, too.

The Medical Termination of Pregnancy (1971) Act, through which Indian women access abortion, is more for the protection of medical practitioners, than it is for women to have access to safe abortion. As per the law, MTP can only be accessed under the following conditions: i) If the pregnancy could risk the pregnant woman's life or result in grave injury to her physical or mental health, ii) if the pregnancy is a result of sexual assault or failure of contraceptive used, and iii) if there's substantial risk that the child born would suffer from severe mental or physical abnormalities.

And no, you do not need your husband's permission or consent to access abortion through MTP, as many doctors say to deter women from seeking this life saving medical procedure.

Needless to say, it is people who are most marginalized on account of their caste, gender, religion and other social and geographic locations, who bear the brunt of archaic abortion laws. Whether in the United States, or in India.


Author's note: Hello! I know it's been a while since I posted but I was going through some major life changes and now I will be back to posting again :D

With regard to this post, given how unaware people are about abortion laws in India, I'm thinking of making a YouTube video breaking down the legal status of abortion in India as it stands. Leave a like here and drop a comment on my YouTube video if that's something you would be interested in. If you haven't already, subscribe to my YouTube channel.

If you find my articles and videos useful, consider supporting me by making a one time donation through:https://bigmouthaiman.stck.me/

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Aiman

Hi, I'm Aiman and I write about socio-political issues!