ABORTION POLICIES: A GLOBAL REVIEW

BLJ4.4 Gender and Law

SUBMITTED BY:
SHREE PAWAR
UID: UGJ21-47
B.A.LL.B.(Adjudication and Justicing)
Semester-III
Academic Session:2020-21

SUBMITTED TO:
Dr. Shipa Jain
Associate Professor of Law
 TABLE OF CONTENT
Sr. No Particulars Page. No
Abstract 3
Research questions 3
Aim and objectives 3
Research Hypothesis 3
Research Methodology 4
Introduction 4
Human rights bodies have characterized restrictive abortion laws as a 5
form of discrimination against women.
Non-acceptance of abortion is stated as gender-based violence against 6
women which could later amount to torture or/and cruel treatment.
Nations which have restrictive abortion policies have higher unsafe 7
abortion rates

Historically abortion was restricted for Three main reasons 8

Countries where abortion is completely illegal 8
Philippines
El Salvador
Countries with most restrictive abortion laws 10
Poland
Countries which restrict abortion without changing the law. 11
Turkey
Law reform for better- countries legalizing abortion. 12
Countries With most liberal abortion laws 14
Canada
Sweden
India
Suggestions 16
Conclusion 17
Bibilography 18-19
 ABSTRACT

In this paper I have discussed various abortion policies globally from Europe to Africa and
Asia to America. I have also included some landmark Indian cases and the scenario in India
about the abortion policies and its importance and practical application. Overall, access to
safe and legal abortion remains a highly contested issue around the world, with many women
facing significant barriers to accessing the care they need. However, there has been progress
in recent years in expanding access to abortion, particularly in countries that have
traditionally had highly restrictive abortion laws.

I have analysed the international human rights reports on abortion and maternal mortality
rate. CEDAW has issued various guidelines and ensured that states who are part of CEDAW
follow those and decriminalize laws which restricts abortion rights of a women.

AIM AND OBJECTIVE

To study and analyse various abortion policies around the world and understand reason
behind countries still having restrictive abortion law. Also, to study the importance of
liberalization abortion laws.

RESEARCH QUESTIONS

How abortion laws differ globally?

Why certain countries still have restrictive abortion laws?

What is the relation between restrictive abortion rights and maternal mortality rate?

Why countries are not ready to decriminalize abortion fully?

Does religious beliefs play a role in abortion policies?

RESEARCH HYPOTHESIS

Countries around the world are moving towards liberalization of abortion policies.

METHADOLOGY
In this research project I have majorly used secondary method of data collection. For
explaining these concepts, I have used descriptive method of doctorial method. This research
consists of analysis of all data obtained. I have referred to wide range of books and articles to
get familiar with topic and to know various aspects of the topic and to gain the proper
understanding.

Most of the data is collected with help of secondary method of data collection. For this
research project I have referred to various books, articles, and case laws.

INTRODUCTION

Abortion around the world is a complex and often controversial issue. Access to safe and
legal abortion varies widely by country and region, and can be influenced by a range of
social, cultural, political, and economic factors. In countries where abortion is legal and safe,
it is generally considered a safe and effective method of ending an unwanted pregnancy.
However, in countries where abortion is illegal or highly restricted, many women seek out
unsafe and often life-threatening methods to end their pregnancies. According to the World
Health Organization, approximately 25 million unsafe abortions take place each year,
resulting in an estimated 7 million complications and 22,000 deaths. Unsafe abortion is a
leading cause of maternal mortality around the world. Access to safe and legal abortion varies
widely by region. In developed countries, where abortion is legal and generally available, the
rate of unsafe abortion is low. However, in developing countries, where abortion is often
illegal or highly restricted, the rate of unsafe abortion is much higher.

In many countries, abortion is highly stigmatized and women who seek abortions may face
social ostracism, discrimination, and even violence. This can make it difficult for women to
access safe and legal abortion services, even in countries where abortion is technically legal.
Abortion laws around the world vary widely, with some countries allowing abortion on
request, while others prohibit it entirely or only allow it in limited circumstances, such as to
save the life of the mother. In some countries, such as the United States, access to abortion
can be restricted by state-level regulations and policies. There is ongoing debate and activism
around the issue of abortion around the world, with many advocates calling for expanded
access to safe and legal abortion services, while others argue that abortion should be more
tightly regulated or even prohibited. The issue of abortion remains a highly contested and
divisive issue around the world.1

In this paper I have discussed various abortion policies globally from Europe to Africa and
Asia to America. I have also included some landmark Indian cases and the scenario in India
about the abortion policies and its importance and practical application. Overall, access to
safe and legal abortion remains a highly contested issue around the world, with many women
facing significant barriers to accessing the care they need. However, there has been progress
in recent years in expanding access to abortion, particularly in countries that have
traditionally had highly restrictive abortion laws.

I have analysed the international human rights reports on abortion and maternal mortality
rate. CEDAW has issued various guidelines and ensured that states who are part of CEDAW
follow those and decriminalize laws which restricts abortion rights of a women.

HUMAN RIGHTS BODIES HAVE CHARACTERIZED RESTRICTIVE ABORTION

LAWS AS A FORM OF DISCRIMINATION AGAINST WOMEN.

Human rights organizations have time and again called for decriminalization of anti-abortion
laws. Laws that criminalise sexual and reproductive health services, including abortion,
infringe the right to life. Nations are expected to uphold the right to sexual and reproductive
health, as well as other human rights. Human rights organisations have advocated for the
repeal or elimination of these laws. Human rights organisations have called for the
decriminalisation of abortion, recognising that such laws can target both women and girls
who have abortions and service providers, and that all such laws should be repealed.

The Committee on the Elimination of Discrimination against Women (CEDAW) specifies

that it is discriminatory by a state if they are not providing or refusing to provide for
reproductive health care services for women.

CEDAW also emphasizes on prevention of unsafe abortion is a core obligation of a state.

“Have a core obligation to ensure, at the very least, minimum essential levels of satisfaction
of the right to sexual and reproductive health which includes measures to prevent unsafe
abortion.” 2
1
World Health Organization, Safe abortion: Technical and policy guidance for health systems (Geneva: WHO).
2
INFORMATION SERIES ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS | ABORTION
UN Human rights office of high commissioner.
https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WRGS/SexualHealth/
The Working Group on discrimination against women has emphasized that the “right of a
woman or girl to make autonomous decisions about her own body and reproductive functions
is at the very core of her fundamental right to equality and privacy, involving intimate matters
of physical and psychological integrity, and is a precondition for the enjoyment of other
rights.”

Special Rapporteur on the right to health stated that laws which criminalize abortion “infringe
women’s dignity and autonomy by severely restricting decision-making by women in respect
of their sexual and reproductive health”

NON-ACCEPTANCE OF ABORTION IS STATED AS GENDER BASED VIOLENCE

AGAINST WOMEN WHICH COULD LATER AMOUNT TO TORTURE OR/AND
CRUEL TREATMENT.

In many countries women are not allowed to go for abortion without the consent of spouse
and the spouse in many countries do not give consent for abortion rather forces wife to give
more birth in order to increase the lineage of his family. This was the case in India before but
now women have total right to go for abortion without asking her partner.

CEDAW has explained that “Violations of women’s sexual and reproductive health and
rights, such as criminalization of abortion, denial or delay of safe abortion and/or post-
abortion care, and forced continuation of pregnancy, are forms of gender-based violence that,
depending on the circumstances, may amount to torture or cruel, inhuman or degrading
treatment.”

United nations Special Rapporteur on torture and other forms of cruel, inhuman and
degrading treatment or punishment has highlighted that “the denial of safe abortions and
subjecting women and girls to humiliating and judgmental attitudes in such contexts of
extreme vulnerability and where timely health care is essential amount to torture or ill
treatment.”3

INFO_Abortion_WEB.pdf
3
Maternal mortality rates and statistics - UNICEF DATA. (2023, March 22). UNICEF DATA.
https://data.unicef.org/topic/maternal-health/maternal-mortality/#:~:text=Maternal%20mortality%20refers
%20to%20deaths,to%20UN%20inter%2Dagency%20estimates.
 NATIONS WHICH HAVE RESTRICTIVE ABORTION POLICIES HAVE HIGHER
UNSAFE ABORTION RATES

Annually 25 million unsafe abortion takes place around the globe and it is quite obvious that
countries which have restrictive abortion policies will have more unsafe abortion rates
because females there will try unsafe means to carry out abortion. Countries which have less
restrictive abortion policies has less unsafe abortion rate. It is the duty of state to provide
citizens with liberal abortion laws so that they will not try to abort the child using unsafe
means. Also, the Countries which are developing or underdeveloped typically have less
capacity to provide safe abortion services or lack of modern birth control mechanism and lack
of well-trained medical practitioners therefore in those countries the rate of unsafe abortion is
generally high.

n countries where abortion is highly restricted, such as many countries in Latin America,
Africa, and Asia, women often resort to unsafe abortion methods, such as ingesting harmful
substances, using sharp objects or unsterilized instruments, or seeking out illegal abortion
providers who lack the necessary medical expertise and equipment. These methods can lead
to complications such as infections, haemorrhage, and sepsis, which can be life-threatening.

In 2011, the average unsafe abortion rate among countries with prohibitive abortion policies
was more than four times higher (26.7 unsafe abortions per 1,000 women aged 15 to 44
years) than in countries which have less restrictive or open abortion policies (6.1 unsafe
abortions per 1,000 women aged 15 to 44 years).

A comparable strong association between the type of abortion policy and the unsafe abortion
rate was found in developing regions, where a large number of unsafe abortions occur.
Within developing areas, the average unsafe abortion rate among countries with restrictive
abortion policies was 26.9 per 1,000 women aged 15 to 44 years, while it was 7.8 per 1,000
women aged 15 to 44 years in countries with less restrictive or open abortion policies.4

CEDAW has also raised a concern that Women living in rural areas are likely to go for
unsafe abortion as compared to women living in urban areas. Proper medical facilities should
be provided to women at rural areas also.

4
Abortion Policies and Reproductive Health around the World- United Nations Department of Economic and
Social Affairs | Population Division https://www.un.org/en/development/desa/population/publications/pdf/
policy/AbortionPoliciesReproductiveHealth.pdf
The Working Group on discrimination against women has observed that the countries where
termination of pregnancy is restricted by law or proper services are not available to carry out
abortion there the safe abortion is privilege of rich while women with little choice but to
resort to unsafe providers and practices.

There is a strong correlation between restrictive abortion policies and unsafe abortion rates.
This correlation is further supported by the relationship between levels of development and
the availability of safe abortion services. Furthermore, by restricting the choices for securely
ending an unwanted pregnancy, stringent abortion laws may directly lead to increase in
unsafe abortion rates.

HISTORICALLY, THE ABORTION WAS RESTRICTED FOR THREE MAIN

REASONS:

1) Back then when there was not much development in medical field the abortionist was
killing a lot of people also the women's used to follow traditional methods which were not
safe.

2) Abortion was considered as an immoral act and sin in many religions.

3) To protect the life of foetus

There is a lot of improvement in abortion methods and the countries should not restrict
people from going for abortion the reason there should an abortion law is to deter the
foeticide of unreasonable abortion.

COUNTRIES WHERE ABORTION IS TOTALLY ILLEGAL.

PHILIPPINES

Abortion is totally criminalized in Philippines no exception for abortion is provided such as

to protect the health of pregnant women or to save her life. The criminalization of abortion is
not helping to prevent abortion but rather thousands of women every year put their life in
danger in search for termination of pregnancy through unsafe abortion. Abortion in
Philippines was criminalized though legislation under Spanish rule, the 2008 criminal
abortion ban law resulted in over 1000 death and 90,000 complications.5

Medical laws in Philippines provides that medical practitioners or midwives who carry out
abortion with the consent of women can be imprisoned for up to 6 years. The licence of
medical practitioners will also be revoked. Also, the Women who carry out abortion can be
imprisoned for 2 to 6 years.

Due to lack of abortion facilities and because no other option available the women in
Philippines try to carry out abortion through illegal means and risk their life. Unsafe abortion
caused over 12% of maternal deaths and 400,000 women performed abortion with illegal
means and 80,000 were hospitalized from complications due to abortion in in the year 1994.
A report by Guttmacher Institute says that around 1000 dies each year as a consequence of
unsafe abortion. Also, the females who suffered while carrying out unsafe abortion are
stigmatized and health care workers are not willing to treat them, they show no sympathy
towards the unfortunate situation of women rather they harass women verbally and
physically.6

EL SALVADOR

In 1973 three exceptions were added (rape victim, foetus complications and life in danger) to
carrying out adoption but in 1998 by making an amendment all the exceptions were set aside
by the legislature and under no circumstance a woman was allowed to go for abortion.

Abortion is illegal in El Salvador in all circumstances, including cases of rape, incest, fetal
anomaly, or when the woman's life is at risk. Women who have abortions and those who
assist them can be charged with homicide and imprisoned for up to 50 years. The law does
not make any distinction between induced abortion and natural miscarriage, which means that
women who experience pregnancy loss may be suspected of having had an abortion and may
face criminal charges.7
5
Centre for reproductive rights- Facts on Abortion in the Philippines: Criminalization and a General Ban on
Abortion https://reproductiverights.org/sites/crr.civicactions.net/files/documents/
pub_fac_philippines_1%2010.pdf
6
Finer, L. B. (2022, August 24). Unintended Pregnancy and Unsafe Abortion in the Philippines: Context and
Consequences. Guttmacher Institute. https://www.guttmacher.org/report/unintended-pregnancy-and-unsafe-
abortion-philippines-context-and-consequences

7
Human Rights Law and Abortion in El Salvador. (2016b, August 26). Health and Human Rights Journal.
https://www.hhrjournal.org/2016/08/human-rights-law-and-abortion-in-el-salvador/
Ministry of health of reported that between 2011-15, 14 females died due to complications
from abortion, 13 from ectopic pregnancy and 63 died under current legislation. It is
important to note that these numbers are likely an underestimation, as many women may not
report seeking abortion services for fear of legal consequences.

A report by the United Nations Population Fund (UNFPA) found that between 2000 and
2011, there were 129 maternal deaths resulting from obstetric complications related to unsafe
abortions in El Salvador.8

The abortion ban in El Salvador has serious consequences for women's health and human
rights. Women who need abortions for medical reasons, such as when their health or life is at
risk, are denied access to safe and legal procedures and may resort to unsafe abortions that
can result in complications, disability or death. Women who experience pregnancy loss may
face investigations, criminal charges, and imprisonment, which can have a devastating impact
on their mental health, social status, and family life.

Beatriz is a famous case in the history of abortion of El Salvador where 22 years old women
Beatriz was not allowed to go for abortion despite heavy risk to her life and pregnancy, after
much controversy and debate, Beatriz was eventually granted a caesarean section in June
2013, which resulted in the delivery of a premature baby who did not survive. The case
sparked a global conversation about abortion rights and access to healthcare, particularly in
countries where abortion is illegal or highly restricted. CEDAW and Human rights
commission has also raised a concern.9

COUNTRIES WITH MOST RESTRICTIVE ABORTION LAWS.

POLAND

In Poland, the abortion laws were recently changed in 2020. Prior to the change, abortion was
legal in three circumstances: if the pregnancy was the result of rape or incest, if the woman's

8
Texts adopted - El Salvador: the cases of women prosecuted for miscarriage - Thursday, 14 December 2017.
(n.d.). © European Union, 2017 - Source: European Parliament.
https://www.europarl.europa.eu/doceo/document/TA-8-2017-0498_EN.html
9
Human Rights Law and Abortion in El Salvador. (2016c, August 26). HHR (Archived).
https://www.hsph.harvard.edu/hhrjournal/2016/08/human-rights-law-and-abortion-in-el-salvador/
life or health was at risk, or if the foetus had severe defects. However, the new law, which
came into effect on January 27, 2021, makes almost all abortions illegal.

Under the new law, abortion is only allowed in cases where the woman's life is at risk or
when the pregnancy resulted from a criminal act, such as rape or incest. Abortions are no
longer permitted in cases of fetal abnormalities, which was previously the most common
reason for legal abortions which accounted for approximately 98% of legal abortions in
Poland.

This decision sparked nationwide protests, with demonstrators taking to the streets to voice
their opposition to the ruling. Despite this, the government has not backed down, and women
seeking abortions due to fetal defects now face severe restrictions.

The new law has sparked protests and demonstrations across Poland and has been widely
criticized by women's rights activists and international organizations. New law violates
women's reproductive rights and puts their health and lives at risk.

Recently in Poland a 14 years old girl was raped by her own uncle and despite her legal right
of carrying out of abortion in case of rape she was denied by hospitals despite getting
permission from the public prosecutor. "The doctors invoked the 'conscience clause' as
justification for their refusal,". Poland's restrictive abortion law allows doctors to refuse to
carry out an abortion if it is against their religious beliefs. This was what happened in this
case. The hospital brusquely turned the girl and her aunt away, telling them to "get out of
here." "We don't know where to go," they are said to have replied, only to be told: “That's not
our problem”.10

COUNTRIES WHICH RESTRICT ABORTION WITHOUT CHANGING THE LAW.

TURKEY

Turkey in the year 1983 to considering the population growth legalized abortion up to 10
weeks on request and up to 20 weeks for medical reasons. But the government is now urging

10
Lepiarz, J. (2023, February 6). Outcry in Poland over abortion law. dw.com. https://www.dw.com/en/poland-
outcry-over-abortion-law/a-64586531#:~:text=In%202020%2C%20Poland's%20constitutional
%20court,mother's%20life%20is%20in%20danger.
the couple to have at least three Childrens. Recep Tayyip Erdoğan who was a Prime minister
at that time described abortion as “murder”.

Certain changes were made in administration process to make it impossible to carryout

abortion in state hospital, government is pressuring the hospitals not to carry out abortion.
Although the laws in turkey permits abortion but the government do not want the citizens to
go for abortion and for this reason many state hospitals have stopped providing abortion
services. The study by Kadir Has university has found out that there is not even a single state
hospital in Istanbul that carries out abortion on request.

Filiz, a nurse at a public hospital in Istanbul where abortions are not performed. “There is
a de facto ban in many places”

“Under Turkish law, a doctor cannot tell a woman she cannot have an abortion, but
refusal is very common, forcing women to go begging from hospital to hospital”. 11

Only 7.8% of the 431 state hospitals with obstetrics and gynaecology departments allowed
abortions on request, 78% only allowed them when there is a medical necessity, and 11.8%
did not allow them at all. Only 17.3% of the 58 teaching and research hospitals with
obstetrics and gynaecology sections offered abortion services without a restriction on request,
71.1% only in those cases when there is medical necessity, and 11.4% does not provide it at
all. 58 out of 81 provinces do not provide abortion on request even when the law permits it. 12

Along with opposition of government to the abortion there is also a social and cultural stigma
attached with abortion, women who chooses to have abortion faces discrimination.

LAW REFORM FOR BETTER- COUNTRIES LEGALIZING ABORTION.

Abortion is a contentious issue in Latin America, where many countries have restrictive laws
that severely limit access to safe and legal abortion services. Social stigma is still attached

11
Reporter, G. S. (2022, October 19). ‘It was my right, but they refused’: Turkish women denied access to free,
safe abortions. The Guardian. https://www.theguardian.com/global-development/2022/jul/05/legal-yet-virtually-
banned-turkish-women-denied-right-to-free-safe-abortions

12
Berer M. Abortion Law and Policy Around the World: In Search of Decriminalization. Health Hum Rights.
2017 Jun;19(1):13-27. PMID: 28630538; PMCID: PMC5473035.
with respect to abortion in many Latin American countries but something is better than
nothing which means at least womens can go for abortion in case of Rape or danger to life.
However, in recent years, there have been some notable developments in the region regarding
abortion reform. Various awareness programmes are taking place to inform womens about
the services available on abortion. Also, various legal reforms are taking place with regards to
improving the safe abortion for women.13

ARGENTINA: Until 2020, abortion was illegal in Argentina except in cases of rape or when
the woman's life was at risk. However, in December 2020, the Argentinean government
passed a new law legalizing abortion up to 14 weeks into pregnancy. This was a major
victory for the reproductive rights movement in Latin America. Under the new law, women
in Argentina can legally access abortion services up to 14 weeks into their pregnancy. After
14 weeks, abortion is only legal if the pregnancy resulted from rape or if the woman's life or
health is at risk.

MEXICO: In September 2020, Mexico's supreme court ruled that criminalizing abortion was
unconstitutional, although laws vary by state. Some states have since decriminalized abortion,
while others have not.

URUGUAY: In 2012, Uruguay passed a law decriminalizing abortion up to 12 weeks of

pregnancy, and up to 14 weeks in cases of rape or fetal malformation. This was a significant
step forward for reproductive rights in the region. Uruguay's abortion laws are seen as
progressive and have improved access to safe and legal abortion services for women in the
country.

CHILE: Prior to 2017, abortion in Chile was not allowed in any circumstance, even in cases
of rape, incest, or when the woman's life was at risk. In 2017, Chile legalized abortion in
certain circumstances, including cases of rape, risk to the woman's life, or fetal malformation.
This was a major shift in a country that had one of the most restrictive abortion laws in the
world. First country in the world to inserting right to abortion in its constitution.

Although there are some countries such as Brazil when abortion rights are restrictive and
Abortion services are not widely available in the country, and there is a high level of stigma
surrounding the procedure. Women who seek abortions may face legal repercussions and
social ostracism. Due to social stigma and legal actions in some countries of Latin America,
13
Explainer: Abortion Rights in Latin America. (2022, June 28). AS/COA.
https://www.as-coa.org/articles/explainer-abortion-rights-latin-america
womens do not have any other option rather to go for illegal and harmful methods by which
they can do abortion. 14

Abortion rights in several African countries is also restrictive such as in Senegal, Egypt and
Nigeria the abortion is only allowed when the life is at risk. But in several other African
countries such as Ethiopia, Tunisia, South Africa abortion is allowed up to 12-16 weeks from
pregnancy.

COUNTRIES WITH MOST LIBERAL ABORTION LAWS

CANADA

In 1968 Canadian legislation passed a legislation to permit abortion with some restriction that
it can be carried out only if life or health is at risk. But in 1988 the supreme court in the case
of R. v. Morgentaler held that criminalization of abortion was unconstitutional they violated a
woman's right to security of the person under the Canadian Charter of Rights and Freedoms.
Canada is one of the most liberalized countries with respect to abortion laws, abortion there
can be done on request and no reason is needed. The liberal abortion laws in Canada are a
result of a long history of advocacy and activism by women's rights groups and reproductive
health organizations.

Canada has also taken steps to ensure that women have access to comprehensive reproductive
health services, including contraception and sexual education. All Canadians, regardless of
their financial situation or social standing, have access to these services, which are frequently
offered through the public healthcare system.15

SWEDEN

14
Mega, E. R. (2022, January 4). Latin American Abortion Laws Hurt Health Care and the Economy—a Lesson
for a Post-Roe U.S. Scientific American. https://www.scientificamerican.com/article/latin-american-abortion-
laws-hurt-health-care-and-the-economy-a-lesson-for-a-post-roe-u-s/

15
Berer, M. (2017, June 1). Abortion Law and Policy Around the World: In Search of Decriminalization.
PubMed Central (PMC). https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473035/
Sweden is one of few countries to decriminalise abortion fully without any restriction.
Sweden is the most liberal country for abortion laws. Swedish abortion act was passed in the
year 1974 which gave right to women to terminate the pregnancy within 18 weeks on request.
And in some cases, the law permit for abortion after 18 weeks also. Parental consent is not
required for women under the age of 18 who wish to have an abortion. Abortion in Sweden is
subsidised by the government.

The decision to have an abortion is made by the woman alone, and she is not required to
justify her decision. However, counselling is offered to women who are considering abortion.
The Swedish healthcare system provides abortions free of charge, and the procedure can be
performed in public hospitals, private clinics, and some medical offices. Sweden has a very
low rate of abortion, largely due to comprehensive sex education, widespread access to
contraceptives, and a strong social safety net that supports women and families.16

Nordic countries have most liberal abortion laws like in Norway, Finland and Denmark
allows abortion on request up to 12 weeks of pregnancy.

INDIA

Medical Termination of Pregnancy act decriminalized abortion in India, prior to that abortion
was a criminal offence but no womens can go for abortion till 20 weeks of pregnancy and up
to 24 weeks in special cases. This act has helped a lot in case of victims of rape who can
abort the pregnancy caused by rape. Also, when the life or health is at risk.

Abortion is still not provided on request/ demand or socio-economic grounds, in India, it is a

criminal offence under 312 of IPC but MTP Act is an exception to it but only under
conditions mentioned in the act. Abortion on demand should be allowed in India because the
unmarried womens who gets pregnant due to illicit intercourse and the family is not ready to
accept the marriage then in such case womens choose illegal options to terminate the
pregnancy which are highly unsafe. Although court in certain case has allowed the
termination considering the situation but there is a need for change in law.

16
Safe Abortion Saves Women’s Lives | Karolinska Institute, https://ki.se/en/research/safe-abortion-saves-
womens-lives.
 Today more than 73 countries give right to women to carry out abortion on request including
our neighbour Nepal.

Abortion is still stigmatized in India and seen as act which “a good women won’t do”. In
2018 a survey was conducted in Madhya Pradesh and Assam in which 62% of 500 women
still believes that Abortion is a “sin”. Others said that it is not acceptable to go for abortion.
Even medical practitioners view abortion as “ethically not advisable”.

A report by NSLIU says “In India, criminal abortion is resorted to mostly by widows who are
prevented from remarriage by social customs, by unmarried girls who have got pregnant from
illicit intercourse, or when family honour is at stake.”17

Data from Rural Health Statistics has shown that there is 69.7% shortfall of Obstetricians and
Gynaecologists at community Healthcare Centers (CHS) in rural areas. Most public hospitals
lack infrastructure required to carry out abortion. National Health and Family survey 2015-16
has shown that only 20% of abortion is carried out in government hospitals while 52% in
private hence womens are compelled to go for abortion in private places by giving heavy
charges. This shows that abortion in India is also a privilege of rich.18

Lack of awareness, lack of medical facilities, lack of trained abortionists, use of illegal
methods are the reasons which contribute in maternal mortality rate and risky abortions. India
has made a law and legalize the abortion but there is a quick need for implementation of these
laws, state shall provide trainings to medical professionals for abortion and spread awareness
to encourage womens not to go for unsafe abortion.

SUGGESTION

Countries around the world are making the abortion laws so liberal that it gives rights to
women to carry out abortion without knowledge and consent from their partner, this concept
has both positive and negative side the positive side is that sometimes partner would not
allow her to go for abortion forcefully and can force her reproduce more just because he want
17
Table 21, Section V, Part 2, ‘Rural Health Statistics (2019-20)’ (Statistics Division, Ministry of Health and
Family Welfare)
https://main.mohfw.gov.in/sites/default/files/HealthandFamilyWelfarestatisticsinIndia201920.pdf
18
‘National Family Health Survey (NFHS-4) (2015-16)’ (Ministry of Health and Family Welfare)
http://rchiips.org/nfhs/nfhs-4Reports/India.pdf
to increase his lineage. Talking about the negative effect that the child is of both the partners
and both of them are equally responsible to nurture the child therefore there must be say of
other partner also, women can go for abortion without his knowledge and it can be very
painful for other partner to cope up with that situation, they both should mutually decide and
then the abortion should be carried out.

There are various countries where abortion is still illegal and restrictive, at least under these
conditions abortion should be permitted: Women life or health is at risk, rape victim and
when the foetus is abnormal. Like restricting the abortion in case of rape is not justifiable at
all. Countries should not follow religious beliefs blindly but they should also look the pain
and condition from which the women is going through.

CONCLUSION

The worlds perspective to look at abortion is changing and countries are bringing laws to
decriminalize abortion. Many countries have realised that criminalization of abortion is
against the reproductive rights of women. Various international programmes are being carried
out to increase awareness about abortion. Abortion is the right of every woman and should
not be criminalized, however there are still some countries with restrictive rights for abortion
and countries where social stigma is attached with abortion results in increase in maternal
mortality rate due to use of illegal and unsafe methods to abort the foetus. Methods such as
consumption of pills without doctor's prescription, through midwives or unprofessional
medical practitioner, and there are many more chemical techniques which are unsafe.
According to WHO report millions of women every year go for unsafe abortion and many of
them die from it. Maternal mortality rate is high in developing countries where there is no
proper infrastructure or unavailability of trained medical practitioners to carry out abortion.
Whereas in developed countries where the abortion law is liberal and have proper
infrastructure for abortion has very low maternal mortality rate. Some countries even today
have restricted abortion for religious reasons, they term abortion sin.

With the observation of abortion laws globally I have figured out these 6 are best abortion
practices which should be included in the legislation of every country on this planet.

1) risk to life & health

 2) rape or sexual abuse
3) serious fetal anomaly
4) risk to physical and sometimes mental health
5) social and economic reasons
6) on request

We have come so far in 21st century and still some countries have the same old abortion laws
which was practised decades back? How fair this is? International community should come
together and make each other realise that safe and legal abortion is the of every woman which
should not be taken away in any case.

BIBILOGRAPHY

REPORTS AND SURVEYS

Abortion Policies and Reproductive Health around the World- United Nations Department of
Economic and Social Affairs | Population Division
https://www.un.org/en/development/desa/population/publications/pdf/policy/
AbortionPoliciesReproductiveHealth.pdf

Table 21, Section V, Part 2, ‘Rural Health Statistics (2019-20)’ (Statistics Division, Ministry of Health and
Family Welfare)
https://main.mohfw.gov.in/sites/default/files/HealthandFamilyWelfarestatisticsinIndia201920.pdf

‘National Family Health Survey (NFHS-4) (2015-16)’ (Ministry of Health and Family Welfare)
http://rchiips.org/nfhs/nfhs-4Reports/India.pdf

https://www.guttmacher.org/report/unintended-pregnancy-and-unsafe-abortion-philippines-context-and-
consequences

Centre for reproductive rights- Facts on Abortion in the Philippines: Criminalization and a General
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%20refers%20to%20deaths,to%20UN%20inter%2Dagency%20estimates .

ARTICLE AND RESEARCH PAPER

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473035/
INFORMATION SERIES ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS |
ABORTION UN Human rights office of high commissioner.
https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WRGS/SexualHealth/
INFO_Abortion_WEB.pdf

Labandera A., Gorgoroso M., Briozzo L. “Implementation of the risk and harm reduction strategy against unsafe
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Obstetrics. 2016;134(Suppl 1):S7–S11.

Safe Abortion Saves Women’s Lives | Karolinska Institute, https://ki.se/en/research/safe-abortion-saves-

womens-lives.

Mega, E. R. (2022, January 4). Latin American Abortion Laws Hurt Health Care and the Economy—a Lesson
for a Post-Roe U.S. Scientific American. https://www.scientificamerican.com/article/latin-american-abortion-
laws-hurt-health-care-and-the-economy-a-lesson-for-a-post-roe-u-s/

Explainer: Abortion Rights in Latin America. (2022, June 28). AS/COA.

https://www.as-coa.org/articles/explainer-abortion-rights-latin-america

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Lepiarz, J. (2023, February 6). Outcry in Poland over abortion law. dw.com. https://www.dw.com/en/poland-
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%20court,mother's%20life%20is%20in%20danger.

Human Rights Law and Abortion in El Salvador. (2016c, August 26). HHR (Archived).
https://www.hsph.harvard.edu/hhrjournal/2016/08/human-rights-law-and-abortion-in-el-salvador/

Menon M. “Unsafe abortions killing a woman every two hours” The Hindu. 2013 May
6; http://www.thehindu.com/news/national/unsafe-abortions-killing-a-woman-every-two-hours/
article4686897.ece 
Arthur J., Cawthorne J. “The benefits of decriminalizing abortion” The Morgentaler Decision: A 25th
Anniversary Celebration. 2013 Jan; http://www.morgentaler25years.ca/benefits-of-decriminalization