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Summary
 RAJIV GANDHI NATIONAL UNIVERSITY
OF LAW, PUNJAB

TOPIC = AN ASSESSMENT OF ABORTION

LAWS OF INDIA AND THE US

Submitted by: Submitted to:

Vardan Jaggi Ms. Aditi Dubey

Roll No. - 22188 Assistant Professor in

Political Science

RGNUL, Punjab
 TABLE OF CONTENTS

1. Introduction………………………………………………………………………….1
2. Abortion Laws Status in India……………………...……………………………2-5
3. US Laws about Abortion…………………………………………………………5-9
4. Comparison of Laws…………………………………………………………….9-10
5. Sociological Aspect…………………..…………………………………………10-12
6. Indian Stance………………………………….………………………………..12-13
7. USA’s Stance…………….………………………………………………………...13
8. Conclusion and Suggestions………………………………………………………14
9. Bibliography………………………………………………………………………15
 INTRODUCTION
Research Question
 How did the abortion laws evolved in india and USA
 What has the court remarked on marital rape in india
 Abortion laws of which country is better : India or USA?

Research Hypothesis
 Abortion laws of India are more progressive than USA

Research Methodology
 This project has been made using the doctrinal method of research. Various primary
sources such as textbooks, journals, articles were accessed to make this project. The
information thus collected was thoroughly studied and critically analysed.

Research Objectives
 To understand how does political and social circumstances of a country affects its
abortion laws.

Introduction
22
The termination of a pregnancy before the foetus is capable of living on its own is generally
referred to as an abortion. This phrase is frequently confused with "Miscarriage," which also
denotes the end of a pregnancy.
The purpose involved is the main distinction between "abortion" and "miscarriage."
Miscarriage is a normal, unplanned event, but abortion is a deliberate, planned action.
The two most common types of abortion are in-clinic abortion and pharmaceutical abortion.
The method used to stop the pregnancy mostly relies on where it is in the process. Medication
abortion, on the other hand, raises questions whereas in-clinic abortion is safer and
guaranteed.1

1
Sedgh, Gilda, et al. "Insights from an expert group meeting on the definition and measurement of unsafe abortion." International
Journal of Gynecology & Obstetrics 134.1 (2016): 104-106.
Abortion is not only about the desire to end the pregnancy; it is also subject to legal
restrictions. Different nations have different laws on abortion; some have outright bans on the
procedure while others have unlimited rights.
Abortion legislation and the idea of abortion have long struggled to find a middle ground
between its necessity and importance and their lack of moral, ethical, or religious
justification. While it has been argued time and time again that abortion is unethical and also
not a sacred act that the Almighty will approve of, on the other hand, the proponents of
abortion have been head-bound on making people comprehend the need and value of abortion
by emphasising health and other emotional and physical ramifications of having an
unintended pregnancy. The legal right of the foetus in the womb and the prevention of female
foeticide are additional arguments against abortion.
The freedom of the woman to determine whether or not she wants the baby has been
reaffirmed in relation to "abortion." This right has positive social and economic effects in
India. Unwanted pregnancies that are aborted will result in fewer births, which will slow the
population growth rate. While necessary to slow the country's population growth, this also
helps disadvantaged families financially. The family wouldn't face financial hardship from
having more kids than they wanted.
As a result, abortion laws vary from one country to the next, as does the degree of restrictions
placed on it.

ABORTION LAWS STATUS IN INDIA

1
On September 29, the Supreme Court ruled that single and unmarried women with
pregnancies between 20 and 24 weeks are entitled to access the 14 same safe and legal abortion
care as married women. Interpreting the Rules framed under the Medical Termination of
Pregnancy (MTP) Act, 1971, a Bench led by Justice D.Y. Chandrachud said “the rights of
reproductive autonomy, dignity and privacy give an unmarried woman the right of choice as
to whether or not to bear a child on a similar footing as that of a married woman.” In another
judicial recognition of marital rape,
1
which is not recognised as an offence under the Indian
Penal Code, the Court also said sexual assault by a man on his wife can take the form of rape.
6
Under the current legal framework, and as the Court too noted, the MTP Act lays out
exceptions to the provisions criminalising
1
abortion in Sections 312-318 of the Indian Penal
Code. The Court was hearing a case of a 25-year-old unmarried woman, whose plea to
terminate a pregnancy before the completion of 24 weeks was rejected by the Delhi High
Court pointing out that the Medical Termination of Pregnancy Rules, 2003, did not extend to
1
unmarried women in a relationship. Taking a “purposive” view of a “beneficial legislation”
like the MTP Act, the Court declared that unmarried women be included within the ambit of
Rule 3B of the MTP Rules. The MTP (Amendment) Act, 2021, had introduced a key change
in Section 3 by extending the upper limit for termination of pregnancy from 20 to 24 weeks.
Specifically, Explanation II replaced this point — anguish caused by a pregnancy resulting
from a failure of any device or method used by any “married woman or her husband” in the
unamended Act — to “any woman or her partner”, thus bringing pregnancies which happen
outside the institution of marriage within the “protective umbrella of the law”.

The Bench said “constitutional values, such as the right to reproductive autonomy, the right
to live a dignified life, the right to equality, and the right to privacy” led it to reinterpret the
contours of the MTP Act and the MTP Rules. “In the context of abortion, the right to dignity
entails recognising the competence and authority of every woman to take reproductive
decisions, including the decision to terminate the pregnancy,” it said.2

Women’s rights activists say a lot more needs to be done so that all women feel safe to take a
decision on their bodies. India’s abortion laws are moving in a progressive manner,
4
they say,
especially in the light of what has happened in countries like the U.S. where the constitutional
right to abortion was overturned by the Supreme Court in June. In India, besides patriarchal
mindsets and social stigma, unmarried and single women face greater hurdles in exercising a
right over their bodies, thus leading to higher risks and complications. Many women are
forced to go to quacks when there are unwanted pregnancies, an activist said. As the Court
noted, unsafe abortions are a leading cause of maternal mortality. The National Family
Health Survey 5 (2019) pegs spousal violence (physical and sexual) faced by women in the
age group 18-49 years at 29.3%.3

Evolution of the MTP Act

Abortion has been legal in India since 1971. When the original act went into effect in 1971, a
licenced physician was necessary to give authorization for a medical abortion up to three
months of pregnancy, and two licenced physicians were needed for one up to twenty weeks
of pregnancy.

New guidelines were added to the MTP Act by an amendment in 2003, allowing the
administration of misoprostol (a recently discovered abortion drug) for medically ending
pregnancies for up to seven weeks.

In 2020, the former MTP Act underwent a more thorough amendment, and in September
2021, the new law went into effect.4

Important provisions of the MTP Amendment Act, 2021

The MTP Act of 1971's 20-week maximum gestational age for medical abortions was
increased to 24 weeks by the modification.
However, this revised higher limit restricts the use of
23
abortion rights to specific situations.
From this point forward, the MTP may be accessed up to 20 weeks into the pregnancy based
only on the advice of one certified medical provider.
2
Stillman, Melissa, et al. "Abortion in India: a literature review." New York: Guttmacher Institute (2014): 12-14.
3
Rahman, Anika, Laura Katzive, and Stanley K. Henshaw. "A global review of laws on induced abortion, 1985-
1997." International Family Planning Perspectives (1998): 56-64.
4
Sood, Yoshita. "Evolution of The Medical Termination of Pregnancy (MTP) Act 1971: A Critical Analysis."
Two licenced medical professionals' opinions are necessary between 20 and 24 weeks.
The requirements of this Act shall apply if a physician's advice is given and authorisation is
desired for at least one reason:

1. If continuing the pregnancy puts the pregnant woman's life in danger.

2. If carrying the pregnancy further seriously harms the woman's physical or mental
health.

Grounds for termination of pregnancy up to 24 weeks5

The pregnancy may be ended up to 24 weeks weeks of gestation under the following
circumstances after consulting two licenced medical professionals:

 If the woman has experienced rape, sexual assault, or incest;

 If the girl is a minor,
 If her marital status changes (due to divorce or widowhood) while the pregnancy is
still ongoing;
 If she is mentally ill or has significant physical impairments;
 Pregnancy termination because to foetal abnormality incompatible with life or the
potential for a child to be born with a severe disability;
16
 If the woman is trapped in an emergency that the government has proclaimed or is in
a humanitarian situation or disaster.

Pregnancy beyond 24 weeks

When a pregnancy has lasted longer than 24 weeks, an abortion is carried out based on foetal
abnormalities.
The MTP Act established a four-member Medical Board in each state that has the authority to
authorise this kind of abortion.
There is also one exemption that is available. A certified medical professional may also
24
perform an abortion at any stage of pregnancy under the modified Act if it is urgently
necessary to save the pregnant woman's life, despite any of the aforementioned limitations.

What are the laws in the case of unmarried women?

The updated 2021 MTP Act's provisions provide abortions in the aforementioned situations
for unmarried women as well because the need for a spouse's consent is not included.
However, the woman's guardian must provide their consent if she is a minor.

A woman's right to privacy when seeking an abortion is likewise protected under the MTP
act's provisions. 17
A nine-judge constitutional bench of the Supreme Court ruled on August 24, 2017, declaring
the right to privacy to be a fundamental right. The Supreme Court's stance might be a major

5
Sharma, Yasoda. "An Analysis of the Medical Termination of Pregnancy Act of 1971: The Case of India." Social Development
Issues (Follmer Group) 33.3 (2011).
setback to the government's efforts to link Aadhaar to various identities, which are claimed to
endanger privacy.
Registered medical professionals may only "disclose the name and other particulars of a lady
whose pregnancy has been terminated" to a person who has been granted legal authorization,
according to Section 5A of the MTP act.
This medical staff members risk up to a year in jail, a fine, or even both if they infringe upon
the woman's privacy in any way.

What has the court remarked on marital rape?

6
The Court said that the meaning of the words “sexual assault” or “rape” in Rule 3B(a)
includes a husband’s act of sexual assault or rape committed on his wife. “The meaning of
rape must therefore be understood as including marital rape, solely for the purposes of the
MTP Act and any rules and regulations framed thereunder. Any other interpretation would
have the effect of compelling a woman to give birth to and raise a child with a partner who
inflicts mental and physical harm upon her.” Human
1
rights experts point out that if a person
is guaranteed equality, autonomy and dignity under Articles 14 and 21, then marital rape
must be termed
1
a criminal offence. Though left out of the Criminal Law (Amendment) Act of
2013, the Justice Verma Committee had recommended that the law should specify that a
marital relationship cannot be a defence against sexual violation. “A rapist remains a rapist
regardless of his relationship with the victim,” Justice Verma had concluded.6
1
• The Court was hearing a case of a 25-year-old unmarried woman, whose plea to
terminate a pregnancy before the completion of 24 weeks was rejected by the Delhi
High Court 1
• Taking a “purposive” view of a “beneficial legislation” like the MTP Act, the Court
declared that unmarried women be included within the ambit of Rule 3B of the MTP
Rules
• The MTP (Amendment) Act, 2021, had introduced a key change in Section 3 by
extending the upper limit for termination of pregnancy from 20 to 24 weeks
• Specifically, Explanation II replaced this point — anguish caused by a pregnancy
resulting from a failure of any device or method used by any “married woman or her
husband” in the unamended Act — to “any woman or her partner”, thus bringing
pregnancies which happen outside the institution of marriage within the “protective
umbrella of the law”.

US LAWS ABOUT ABORTION

Introduction –

6
Berer, Marge, and Lesley Hoggart. "Progress toward decriminalization of abortion and universal access to safe abortions: National
trends and strategies." Health and human rights 21.2 (2019): 79.
 11
The deliberate ending of a pregnancy is called an abortion. In Dobbs v. Jackson Women's
Health Organization, the US Supreme Court determined that abortion is not a fundamental
right under the US Constitution, paving the way for states to pass laws restricting abortions
that would only have to withstand rational-basis review when challenged. This decision came
5
nearly 50 years after Roe v. Wade changed the legal status of abortion by overturning a Texas
law that criminalised it unless it was done to save the life of the pregnant person.
The Roe v. Wade decision put people's right to privacy against the state's desire to control a
5
foetus' life. The Court determined that a person's personal autonomy and reproductive rights
5
include the decision to abort a pregnancy, interpreting the Due Process Clause of the
Fourteenth Amendment and the Right to Privacy upheld by the Ninth Amendment. The Court
previously ruled that the state's interest in the foetus only became important at "viability," or
when it could live without the pregnant person. Governmental restrictions on abortion were
eventually restricted to post-viability procedures, and the State was never allowed to
prioritise the foetus' life over the pregnant woman's. The individual's right to choose whether
to end their pregnancy limited the scope to which States might regulate abortions prior to
viability. The "trimester formula," developed by Justice Blackmun, entrenched the idea of
viability and set a timeline for when States might constitutionally restrict abortion. Roe did
not outright enable abortion but rather struck a balance between the right to privacy of the
person and the interest of the State in the life of the foetus.7
Doe v. Bolton, 410 U.S. 179, a case that was decided by the Court the same day as Roe,
established that doctors had control over the idea of health. The legal issue that the Court
dealt with was a Georgia legislation that forbade medical abortions other than when a
licenced doctor used their best judgement and attempted to save the life of the pregnant
person. The Court concluded that doctors are qualified to assess the dangers associated with
abortion treatments because they hold privileged knowledge of life and health. By
maintaining that scientific information and real-world experience, rather than legislative
actions, better suited individuals, their pregnancies, and States' interests in the abortion issue,
Doe represented the Court's best attempt to downplay the political dimension of abortion.
Doe then argued that the private patient-physician connection should be protected. Danforth
v. Planned Parenthood of Central Missouri, 428 U.S. 52, a case from 1976 that found
"viability" was a concept best defined by the medical establishment instead of state
governments, supported doctors' expertise once more.8
By overturning Roe v. Wade, the Supreme Court altered the legal position of abortion once
more in Dobbs v. Jackson (2022). As a result, several earlier rulings that partially or
13
completely upheld Roe are no longer considered to be authoritative. In Dobbs, the Supreme
Court argued that the Constitution does not guarantee a person's basic right to an abortion. As
a result, as long as abortion is performed for legal grounds, states are now empowered to
establish legislation regulating it. If a constitutional challenge is made, these statutes also
have a right to "a strong presumption of constitutionality." After Dobbs, state governments
are now essentially in charge of deciding on abortion regulations.

7
Meyer, David S., and Suzanne Staggenborg. "Opposing movement strategies in US abortion politics." Research in social
movements, conflicts and change. Emerald Group Publishing Limited, 2008.

8
“Abortion.” LII / Legal Information Institute, 2022, <www.law.cornell.edu/wex/abortion>
States Planning to ban Abortion –
13 states have enacted "trigger laws" that go into effect after Roe v. Wade is reversed. Others
have allowed out-of-date legislation that forbade abortion before to 1973 to remain in effect;
they could now be reintroduced.
In the days following the ruling, a number of limits were put into place, but some of them had
already been temporarily changed by the courts, creating the possibility for fresh legal fights.
Over the ensuing ten years, a number of states have pushed to pass legislation forbidding
7
abortion, with some exclusions like when the pregnant woman's life is in danger. Some of
those statutes were struck down by lower courts for allegedly violating of Roe v. Wade.
However, they will probably resume in force now.
7
More than 20 states are attempting to limit access to abortion, according to Guttmacher.
While some states are imposing restrictions six weeks or later, some states seek to criminalise
abortions immediately.
2
Every state recognises the right to an abortion when it is essential to safeguard the life of the
mother, and some will suspend their ban in cases of rape or incest.The majority of them have
said that they won't press charges against pregnant women who try to end their pregnancies,
preserving the severe liability for those who try to help pregnant women have abortions.9

What abortion restrictions are expected to be implemented

by specific states?
 From Conception –
9
In the US, states of Alabama, Arkansas, Idaho, Louisiana, Michigan, Oklahoma,
Ohio, Kentucky, Mississippi, Missouri, North Dakota, South Dakota, Tennessee,
Texas, Utah, Wisconsin, Wyoming have decided that the abortions have to be stopped
and restricted even from conception.
1. Mississippi – Republicans in charge of the Mississippi Legislature and Governor
Tate Reeves have been attempting to restrict access to abortion for many years.
2
Mississippi previously had a legislation that forbade most abortions after 20
weeks, and the state attempted to approve a similar law in 2018. The Supreme
Court has now utilised this law as the foundation for its decision to overturn Roe
v. Wade. Mississippi's 15-week legislation was invalidated by a federal district
judge, and an appeals court agreed. The case will be heard by the Supreme Court
in 2021. In December, the Mississippi attorney general's office argued that Roe v.
Wade should be overturned in front of the justices. There is only one abortion
2
facility in Mississippi, and it only performs abortions up to 16 weeks. When
Mississippi attempted to enact the 15-week ban in 2018 and the six-week

9
Levinson-King, Robin. “Abortion: What Does Overturn of Roe v Wade Mean?” BBC News, BBC News, 29 June 2022,

<www.bbc.com/news/world-us-canada-61804777>
 restriction in 2019, Reeves served as lieutenant governor in both years.
Mississippi law forbids healthcare professionals from prescribing abortion drugs
25
through online medical consultations. Jackson Women's Health Organization,
Mississippi's sole abortion facility, is anticipated to close within a few weeks.
Mississippi passed a bill in 2007 that, if Roe v. Wade were to be reversed, would
outlaw the majority of abortions. If the woman's life is in danger as a result of the
2
pregnancy or if the pregnancy was brought on by a rape that was reported to the
police, abortions would still be permitted. Except for the pregnant woman, anyone
who intentionally induces an abortion or attempts to do so might face up to 10
years in prison.
2. North Dakota - Republicans control the legislature in North Dakota, where they
2
want to outlaw abortion. The Republican governor had hoped that Roe v. Wade
would be overturned in favour of state's rights. The country's strongest abortion
2
regulations have been approved in this state, including one that would have
outlawed abortions once a foetal heartbeat can be heard, which can happen before
a woman is aware that she is pregnant. Due to a successful legal challenge by the
state's only abortion clinic, the bill was never put into action. In a failed
Republican proposal, abortion practitioners would have been prosecuted with
murder and might have received a life sentence. There is a trigger law in North
Dakota that, after 30 days, will close the only abortion facility in the state, located
12
in Fargo. It is a crime under the 2007 state law to perform an abortion unless it is
required to stop the pregnant woman from dying or in circumstances of rape or
incest. A $10,000 fine and a five-year jail sentence are possible penalties for
violators.

 From 6 weeks –
The states of Georgia, Iowa and South Carolina in the USA have the laws which
restrict abortions and termination of pregnancies from 6 weeks after pregnancy. It is
allowed to abort a foetus from 0 to 6 weeks of pregnancy.
1. Georgia - Republicans control Georgia's legislature and the governor, both of
whom favour abortion restrictions. However, all of them are up for election in
November. Republicans are probably going to keep control of the legislature, but
2
a Democrat could win the governorship. A bill prohibiting most abortions after
around six weeks of pregnancy, when foetal heart activity can be detected, was
approved by Georgia lawmakers in 2019 by a solitary vote. The bill differs from
2
other "heartbeat" proposals in that it also includes wording defining a foetus as a
person for state-law considerations like child support and income tax deductions.
In order to wait for the U.S. Supreme Court's decision in the Mississippi case, the
measure is on hold before the U.S. 11th Circuit Court of Appeals. Having already
heard oral arguments in the case, the 11th Circuit is expected to permit the six-
2
week prohibition to go into place rather swiftly, but there may be new legal
challenges. That would outlaw the vast majority of abortions that are now
performed in Georgia, which, according to providers, is roughly 87%. The move
might take place in the midst of Georgia's hotly contested campaigns for governor
 and senator. Both Democratic candidate for governor Stacey Abrams and U.S.
Sen. Raphael Warnock claim to support abortion rights. Herschel Walker, a
Republican running for Senate, and Brian Kemp, a Republican in office, favour
2
limitations. However, Kemp is unlikely to call a special session before to the
2
general election in November. Some Republican lawmakers and candidates want
Georgia to go further and outlaw abortion completely. When lawmakers
reconvene for their annual session in January, they'll probably think about taking
additional action. It will be up to the Legislature or courts to decide whether or not
the clauses referring to a foetus as a person are practical.

 From 13 weeks –
The states of Arizona, Florida, North Carolina and West Virginia are expected to have
laws of abortion after the Dobbs v. Jackson case as they may impose laws to restrict
abortions after the 12th week of pregnancy.
1. Arizona - Republicans currently hold control of both legislative chambers, and
they frequently enact anti-abortion legislation that Republican Governor Doug
Ducey has swiftly signed for the past eight sessions. Arizona law permits
15
abortions up to roughly 22 weeks; but, in March, the Legislature passed a 15-week
abortion ban that was modelled after the Mississippi law that was challenged in
front of the U.S. Supreme Court. After the Legislature adjourns, which it did on
10
Saturday, it will go into effect 90 days later. A 2021 rule that makes it a crime for
a doctor to end the pregnancy because the kid has a survivable genetic defect is
another restriction that now exists. A pre-statehood provision that would outright
prohibit all abortions is still in effect in Arizona, albeit it has not been put into
effect since the Roe decision. In talks with the media, Ducey has maintained that
the measure he signed in late March supersedes the ongoing absolute prohibition.
However, the measure he signed explicitly states that it does not annul the outright
ban on abortion that has been in effect for more than a century. Due to term limits,
2
Ducey will leave his position in January. Because of worries that the pre-Roe ban
could subject doctors, nurses, and other providers to prosecution, abortion clinics
throughout the state immediately halted all procedures following the court's
decision on Friday. Arizonans who favour abortion rights have launched an
improbable campaign to include the right to abortion in the state constitution.
2
Supporters must gather more than 356,000 signatories by July 7 in order to place
2
the initiative on the November ballot. It was introduced weeks after the draught
U.S. Supreme Court judgement revealing Roe might be overturned was released.
After then, voters would have a choice.

COMPARISON OF LAWS
The MTP Act amendments did not change the fact that abortions may only be performed up
to 20 weeks into the pregnancy in the nation. This had to do with evaluating what comprised
a safe period for abortion without compromising the mother's life given the medical resources
that were available at the time. But as cutting-edge medical technology advanced, doctors
were able to detect foetal abnormalities far after the 20-week mark, which presented
prospective parents with a challenging decision about whether to bring their pregnancy to
term.10

In 2008, Haresh and Niketa Mehta of Maharashtra requested permission from the 8
Bombay
High Court to end the life of their unborn fetus who, according to doctors, will be born with a
congenital heart block. Niketa miscarried after their appeal was turned down. The legal battle
made it possible for India's abortion law to eventually allow abortions after the 20-week
threshold.

In several circumstances, courts have extended permission beyond the allowed window of
time. The Supreme Court granted permission for a 14-year-old Gujarati rape victim to abort
her pregnancy after 20 weeks in 2015 due to a "unique instance." The court argued, however,
that this case could not be cited as a model for granting authorization in a subsequent,
analogous case.

On the other side, a couple's request to terminate their 35-week-old foetus was denied by the
Kerala High Court in 2020.

The long-standing
20
need to revisit the restriction on gestational age was finally addressed in
2021 with the passage of the revised MTP Act, which allowed abortion up to 24 weeks. The
law states that situations of significant foetal abnormalities determined by a medical board
will exclude them from the upper gestational limit. One paediatrician, one gynaecologist, and
one radiologist or sonologist shall be on the board. But the reason that law signalled a change
in thinking is revealed in the following sentence: "The anguish caused by such pregnancy
may be presumed to constitute a grave injury to the mental health of the pregnant woman for
the purposes of clause (that is, when the pregnancy is less than 20 weeks old), where any
pregnancy occurs as a result of failure of any device or method used by any woman or her
partner for the purpose of limiting the number of children or preventing pregnancy."

The previous
8
law only allowed married women to obtain an abortion due to contraceptive
failure, leaving many unmarried pregnant women at the mercy of charlatans and illegal
clinics. In order to promote access to secure abortion services, the health ministry argued for
more inclusive terminology. The first iteration of the Bill for married spouses was the only
one to include the contraceptive failure provision.

SOCIOLOGICAL ASPECT

To understand the laws on abortion, it is equally important to understand the viewpoint of

society on abortion. The broad division of society can be of pro-choice & pro-life.

10
Kishen, Meera, and Yvonne Stedman. "The role of advanced nurse practitioners in the availability of abortion services." Best
Practice & Research Clinical Obstetrics & Gynaecology 24.5 (2010): 569-578.
Supporters of abortion rights believe that women should have the freedom to decide whether
or not to carry out their pregnancies. They see it as a right to make this decision. They
consider it to be their birth-right to choose whether to have a child or have the foetus aborted.
They go on to link abortion to poverty. According to them, poverty rises in a society where
abortion is illegal because families will have to care for more kids and their income won't be
enough to support that lifestyle. They also see abortion from the perspective of incest and
from the perspective of rape victims. It will be unfair to prevent a rape victim from having an
abortion. Incest has the potential to cause serious birth defects that would negatively affect
the baby's quality of life. Aborting the foetus is thought to be a good option for the woman
and the foetus in several circumstances. Even in circumstances where everything is normal, a
foetus may experience serious defects that may restrict how long it will live after birth or
impair its quality of life. Additionally, certain pregnancies are complex, and continuing with
them puts both the foetus and the mother's life in danger. In some circumstances, abortion is
also essential and life-saving.11

While those who support life condemn abortion. Their fundamental defence is that life begins
at zygote conception, hence the moment the female conceives, the zygote is regarded as a
living being. Abortion is regarded as a crime that is equally serious to murdering a human
being. Supporters of life believe that abortion should carry the same penalties as murder.
There are other arguments based on societal principles in addition to this one. These
arguments concern teen pregnancies. Supporters of life claim that legalising abortion would
encourage pre-marital sex, which is against social norms, and would make it easier for
teenagers to have unplanned pregnancies. A couple's or partner's ability to terminate an
unintended pregnancy will deter the usage of contraceptives like condoms. The risk of
spreading STDs will rise as a result of this.

Understanding the problem that surrounds issues and the attitudes that are formed about them
requires knowledge of and sensitivity to societal viewpoints. Additionally, it aids politicians
in coming up with a reasonable legal compromise so that the law is equitable for all parties
involved in the dispute. However, it has been noted that while some nations have been able to
adopt a fair, moderate ground on this subject, others have abortion legislation that lean
heavily in the pro-life direction.

Politics, economics, religion, and social issues are all impacted by abortion. Its effects on the
society might be seen both positively and negatively. The Western civilizations opposed
abortion in the early stages of developing policy. By the nineteenth century, abortion was
prohibited by law in many countries. Abortion wasn't become legal in certain countries, like
the US, until the late 20th century, when women's rights were given prominence and
following numerous awareness campaigns. The influence of the MTP Act in India, a nation
with significant social problems in addition to societal ills like illiteracy and poverty, should
be assessed in light of evolving social conditions, values, and attitudes. In their most basic
form, the societal effects of the MTP Act can be divided into two categories: abortion in
unmarried girls vs abortion in married women. These two imply quite different things. In the
MTP Act, being a married woman is not seen as a stigma attached, while being a single girl is
not widely accepted. The fact that it’s rejected makes safe abortions more difficult to
perform, sometimes negating the whole aim of abortion, namely the woman's health. Girls
are brought to other remote locations for MTP Act in areas without access to medical
facilities in order to protect the girls' future and maintain their social standing. The
11
Lee, Ellie. "Constructing abortion as a social problem:“Sex selection” and the US abortion debate." Feminism & psychology 27.1
(2017): 15-33.
legalisation of MTP Act has undoubtedly had a good impact on those who require MTP, as
seen by the decline in suicide rates as well as improvements in health and safety. Wider
acceptability of family planning techniques has also been observed.12

However, there are some negative effects of the MTP, and they come from inconsistently
adhering to standards. Due to patients' lack of information and the government's lack of
oversight, this issue is particularly prevalent in rural areas. The efficacy and safety of these
medical techniques remain murky. Infertility, monthly irregularities, and pelvic inflammatory
illnesses can sometimes result from improper sanitation, staffing, and facilities. This also
causes death in a small number of instances. The laws and current structure are not being
implemented properly, and that is the true issue. The government is in charge of ensuring that
the MTP Act is completed by licenced surgeons in hospitals or clinics that have been
registered. Another significant issue that the responsible authorities must address is the
sincerity of the justifications for the request for a pregnancy termination. There have been
incidents where the MTP Act has been used on weak grounds, such as exams, family
weddings, tours, etc. These abortions are carried out by medical professionals for financial
benefit and frequently go unnoticed because of false reports. Such abortions have both
immediate and long-term repercussions. It is regrettable that abortion is frequently chosen as
a substitute for traditional family planning strategies. Only government actions and awareness
campaigns can deal with such problems. Doctors have a social responsibility to recommend
using some kind of contraception to every patient seeking a pregnancy termination.

The use of contraception is significantly safer than pregnancy termination, it should be

emphasised. The balance of the negative and beneficial components of this social policy must
be undertaken in order to lessen the detrimental consequences on society. The notion of
passing laws that would reconcile the ethical and legal standpoint emerged from the long-
running ethical discussion concerning the legal position of preventing unintended pregnancies
around the world. Despite legal and legislative oversight, there are still ethical disputes in
India about medical abortion of pregnancies. Even though many people think that medically
ending a pregnancy is wrong, abortion is now a right that women cannot have taken away
from them. Thakker and D.K., two judges of the Supreme Court, have heard arguments
regarding social stigma.
21
In Suman Kapur v. Sudhir Kapur, Jain J. concluded that a woman's
having an abortion without her husband's consent would constitute mental cruelty and be
grounds for divorce. Mental cruelty is a mental state, to paraphrase the bench. Mental cruelty
may emerge from a spouse's ongoing emotional pain, disappointment, and resentment
brought on by the other's behaviour. a pattern of humiliating and abusive behaviour designed
to torment, annoy, or otherwise negatively impact the spouse. These decisions lead to the
conclusion that women's access to abortions is not protected by the Indian Constitution.
Furthermore, this privilege was constrained by the MTP Act of 1971 itself, which only
permitted "termination of pregnancy" under a specific set of conditions. In a decision that
could have broad repercussions, the Supreme Court of India ruled that serious 19
foetal
abnormalities can be a legal justification for medically ending a pregnancy, even if the foetus
is more than twenty weeks old. In the case of Ms. X v. Union of India, the Supreme Court
permitted an unborn lady who was 24 weeks pregnant and a rape victim to have an abortion.

12
Hooda, Sneha, and Kirt Agarwal. "Testing limitations, legal and sociological aspects of abortion laws in India." International
Journal of Health Sciences 6.S2 (2022): 4664-4671.
The International Federation of Gynecology and Obstetrics (FIGO) acknowledges an ethical
duty to permit women to terminate a badly deformed foetus. This information is pertinent at
this point. It is obvious that many nations permit the legal method of abortion procedure
throughout pregnancy in cases of foetal impairment to preserve a pregnant woman's health,
and FIGO emphasises that in such cases, "the choice to terminate a pregnancy should lie
primarily with the parents."

INDIAN STANCE

3
The issue of abortion has long been the focus of a contentious social and legal discussion.
This battle is still ongoing. Nevertheless, despite this deadlock, the nation is witnessing an
increase in progressive abortion laws. With every change made or judgement made, the
abortion laws are being modified to actively consider the position of women and their right to
an abortion.
4
IPC first implemented an inherent punishment strategy in 1860. The only circumstance
indicated for a purposeful abortion not being subject to criminal culpability is when the
mother's life is in danger, according to the parts of the IPC that deal with abortion. There is
no mention of an abortion brought on by rape or a contraceptive method that failed.
Furthermore, it does not take into account the exception for abortions related to mental
health.13

The nation did, however, finally mature sufficiently to relax such restrictions. The MTP Act
considers the psychological consequences of having an unwelcome child. The 2020
Amendment also seeks to increase the maximum gestational duration to 24 weeks while
emphasising women's privacy and3 accounting for technological developments in abortion.
This exemplifies how regulations are progressive and take into account all developments to
make better abortion facilities accessible.

Laws need to be updated even if they evolve over time. The portions of the IPC dealing with
abortion should be updated in light of contemporary social trends and technical
developments, much like how the MTP Act has experienced regular updates. This will be
advantageous for the laws governing abortion.

USA'S STANCE

The majority of 3
American states have abortion regulations that are similar to those described
in this article. Before the historic Roe v. Wade decision, states in the USA had highly strict

13
Chitnis, Varsha, and Danaya Wright. "Law and Women's Rights in India." Wash. & Lee L. Rev. 64 (2007): 1315.
3
abortion laws that did not allow women to end a pregnancy until the pregnancy presented a
substantial health risk to the female carrying the child. This was made better by the Roe v.
Wade decision.

3
By taking into account the right to abortion inside the4 "zone of privacy," it gave women more
flexibility in choosing how to end their pregnancies. It's important to keep in mind that an
abortion brought on by incest or rape is not taken into account by the legislation. Even now,
in one of the most developed nations in the world, the USA, women are not permitted to
obtain a legal abortion when they become pregnant as a consequence of rape or incest.
Additionally, only a few US states let pregnant people suffering from mental problems to
have abortions. Additionally, neither physical nor psychological effects of continuing an
unplanned pregnancy are taken into account.14

3
The good thing about Georgia's abortion law is that it provides safeguards to protect its
doctors from criminal liability for unforeseen or unintentional abortions or any harm done to
3
the unborn child accidentally or unintentionally. A phrase like this is required since doctors
shouldn't be held accountable for justified accidents, which do occur regularly.

CONCLUSION and SUGGESTIONS

This comparison demonstrates that Indian abortion laws are significantly more progressive
than those in the USA. Although the Roe v. Wade decision in the USA had already declared
abortion to fall within a woman's "zone of privacy," India recognised a woman's right to an
abortion as being saved in Article 21 of the Constitution 21 years later. India was also quick
to take into account a woman's ability to give birth, care for her unborn child, and protect her
unborn child's life. Since the country primarily prioritises the rights of the unborn child and
mostly disregards the risks to other bodily integrity and mental health, the USA has strong
and restrictive abortion legislation.

It's vital to remember that passing strict abortion regulations that restrict a woman's rights
does not reflect well on the nation, even in this day and age when nations are working hard to
create and maintain environments that are fair to women.

Abortion legislation is necessary to stop a threat like female foeticide, so it was drafted
without violating women's rights. Rules that prohibit abortion after a particular tenure can be
introduced to take into account the negative effects of abortion on the bearing female. This
needs to be in line with the nation's level of technological and medical sophistication and
updated whenever there is development in this area. Indian laws are a good example of this.

14
Russo, Nancy Felipe, Jody D. Horn, and Robert Schwartz. "US abortion in context: Selected characteristics and motivations of
women seeking abortions." Journal of Social Issues 48.3 (1992): 183-202.
Because it can be hazardous, Indian law now forbids abortion after 20 weeks of pregnancy.
However, this upper limit has been requested to be increased to 24 weeks by legislative
amendment in light of the nation's current medical and technical advancement. These
processes must be followed.

18
Most nations permit abortion if continuing the pregnancy would endanger the physical safety
or life of the woman. In addition, abortion on the grounds that the foetus is aberrant or
medically futile is also taken into account while evaluating the rights of the prenatal child.
However, in delicate and mentally upsetting situations such pregnancies resulting from rape
and incest, abortion should be permitted because these situations have a negative influence on
the mental health of the female who is carrying the child. It would be unfair and unjust to the
rape or incest victim if this were not done.

Therefore, all nations should take into account the rights of the female, the rights and health
of the unborn child, as well as the physical and mental condition of the woman if she is not
allowed to end her pregnancy, while crafting abortion legislation. The law will be fair and
just in this way.

BIBLIOGRAPHY
1. U.S. Abortion in Context: Selected Characteristics and Motivations of Women
Seeking Abortions - Russo - 1992 - Journal of Social Issues - Wiley Online Library

2. JUNE-10.pdf (kalaharijournals.com)

3. Testing limitations, legal and sociological aspects of abortion laws in India -

Publications Repository (PURE) (jgu.edu.in)

4. COMPETITIVE FRAMING PROCESSES IN THE ABORTION DEBATE:

Polarization‐vilification, Frame Saving, and Frame Debunking - McCaffrey - 2000 -
The Sociological Quarterly - Wiley Online Library

5. "Replacing Myths with Facts: Sex-Selective Abortion Laws in the United " by Brian
Citro, Jeff Gilson et al. (cornell.edu)

6. Scripting Dissent: US Abortion Laws, State Power, and the Politics of Scripted
Speech - Buchbinder - 2016 - American Anthropologist - Wiley Online Library

7. Progress toward Decriminalization of Abortion and Universal Access to Safe

Abortions - PMC (nih.gov)
8. Evolution of The Medical Termination of Pregnancy (MTP) Act 1971 : A Critical
Analysis – Historically Speaking (wordpress.com)

9. Abortion in India: A Literature Review (guttmacher.org)

10. Definition and Multiple Factors of Recurrent Spontaneous Abortion | SpringerLink

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