Abortion As A Constitutional Right: France Judgment From Indian Perspective

In recent years, the global perspective on reproductive rights has witnessed a significant development with France's groundbreaking decision to declare abortion a constitutional right. France's decision to recognize abortion as a constitutional right reflects a progressive approach. It underscores the importance of acknowledging and protecting individuals' rights to decide on their bodies. This landmark judgment not only ensures access to safe and legal abortion services but also challenges societal norms surrounding reproductive choices and affirms its commitment to upholding reproductive freedom and gender equality.

In contrast to France's progressive step on abortion rights, India's legal and cultural landscape presents a complex perspective on reproductive healthcare shaped by various legal, cultural, and religious factors. India's laws permit abortion only under specific circumstances described in the Medical Termination of Pregnancy (MTP) Act, 1971^[1], such as when the pregnancy poses a risk to the woman's life or health or in cases of fetal abnormalities.

However, the practical application of the MTP Act of 1971 often faces challenges due to socio-cultural barriers, inadequate healthcare infrastructure, and limited awareness of various rights among women and healthcare providers. Despite legal provisions permitting abortion, many women in India continue to face barriers to accessing safe and legal abortion services, particularly in rural areas.

In India, due to the diverse cultures of communities and regions, attitudes towards abortion are influenced by various cultural and religious beliefs. While some traditions may view abortion as morally acceptable under certain circumstances, others may oppose it on religious or ethical grounds. Hindus from various regions of India, whether north, east, west, north-east, or south, take a clear stance on the sacredness of life and tend to lean towards the preservation of life, which proves their non-acceptance of abortion. ^[2]In Christianity, views on abortion vary among different individuals. For example, the Catholic Church considers abortion grave and opposes it, but in contrast, the United Methodist Church takes a different stance that allows for abortion in certain situations, such as when the mother's life is at risk. In Buddhism, attitudes towards abortion vary due to diverse interpretations; while some view abortion as harmful, others prioritize compassion and the well-being of individuals. In Islam, abortion is generally prohibited except to save the mother's life.
Exceptions may exist in cases of severe harm to the mother or fetal abnormalities.
Ancient Indian texts, including the Vedas, Dharmashastra, and other ancient scriptures of Hinduism, contain references to abortion, indicating the existence of the practice in ancient Indian society. While interpretations of these references vary among scholars, they provide valuable insights into the historical attitudes towards reproductive healthcare in the context of family planning and women's health within Indian society and suggest that Medical Termination of Pregnancy (MTP) Actabortion was permissible under certain circumstances, while others emphasize the sanctity of life and the moral complexities surrounding abortion.

A recent Supreme Court judgment in India on September 29, 2022, ^[3]stated that unmarried women have the same right to abortion as married women. The Supreme Court ruling allows all women, regardless of marital status, to obtain abortions up to 24 weeks into their pregnancy.
Abortion, a constitutional right in India, carries both benefits and challenges.
Fully recognizing abortion as a constitutional right may reduce the chances of unsafe abortions and other associated maternal problems. However, implementing abortion rights would require significant work, investments in healthcare infrastructure, and training for healthcare providers.
Legal and ethical challenges may arise, including logistical challenges, effective implementation, and collaboration between government agencies and healthcare providers.

Overall, it requires careful consideration of legal, ethical, and societal implications to ensure that women's reproductive autonomy is respected and protected.
The debate surrounding abortion rights in India reflects broader discussions about gender equality, reproductive justice, and individual autonomy. While advocating for the recognition of abortion as a constitutional right, it is essential to engage in meaningful discussions and address the concerns of diverse stakeholders, including religious and cultural communities. Balancing women's rights with societal values requires an inclusive approach that prioritizes the promotion of reproductive justice and healthcare access for all women, regardless of their socio-cultural backgrounds.

But France and India are two different countries with different cultures and people with different mindsets. By enshrining abortion as a fundamental right, France acknowledges the importance of gender equality within its legal framework, but on the other hand, India's stance on abortion is shaped by many factors like culture, religion, and money. In some places, it's hard to find safe and legal abortion services and good medical infrastructure. This shows that even when laws say one thing, the reality can be different according to the resources available to the country.
Talking openly about abortion and spreading accurate information are important steps in our country. Breaking the silence around abortion can help lessen the stigma and confusion that surround it. Educating people about their rights to make informed decisions about their bodies and talking about options including contraception, pregnancy, and abortion in a clear and non-judgmental way.
Ultimately, the journey towards better abortion rights is a complex one, but it's also an important one. By working together to change laws, attitudes, and access to information, we can create a world where women's reproductive rights are respected and protected. It's a journey that requires commitment, compassion, and a belief in equality for all genders.

Views are personal.

[1] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8575235/