How will the Roe rollback impact women?

How will the Roe rollback impact women?

Context: The U.S. Supreme Court on Friday ended the constitutional right to abortion, overturning the landmark 1973 Roe v. Wade decision that had enshrined a woman’s right to her body.

What are the implications of the U.S. top court overturning a 1973 judgement on the right to abortion?

• Abortion bans severely impact people of marginalised groups who already struggle to access health care, including abortion
• The UN sexual and reproductive health agency (UNFPA) and the World Health Organization (WHO) noted that a staggering 45% of all abortions around the world are unsafe, making the procedure a leading cause of maternal death
• The UNFPA said that more unsafe abortions will occur around the world if access becomes more restricted.
• Women who seek an abortion will have to travel to states where it is legal, making it an expensive proposition, not available to all.

Indian laws on abortions

In the 1960s, in the wake of a high number of induced abortions taking place, the Union government ordered the constitution of the Shantilal Shah Committee to deliberate on the legalisation of abortion in the country

In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force in 1971

The Medical Termination of Pregnancy (MTP) Act, 1971:

• The idea of terminating a pregnancy cannot originate by choice and is purely circumstantial. Under the law (section 3 of the MTP Act 1971), the doctor can perform an abortion in the following situations:
• If the pregnancy would be harmful to the life of the patient or affects her physical or mental health. The doctor will need to consider the circumstances of the patient to figure out if the pregnancy will harm her mental health, on a case to case basis.
• If there is a good chance that the child would suffer from physical or mental abnormalities which would leave him or her seriously handicapped.
• If pregnancy occurred as a result of a failure of contraception (but this is only applicable to married women).
• If pregnancy is a result of sexual assault or rape

The latest amendment to the MTP Act was made in 2021.

Medical Termination of Pregnancy (Amendment) Act, 2021

• It increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. But it can only be exercised in species cases.
• From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
• In the previous Act, the opinion of one registered doctor was required to access a medical abortion up to 12 weeks of pregnancy, while two doctors were required to endorse the abortion up to 20 weeks.
• Under the 2021 Act, medical termination of pregnancy is permitted if it is backed by medical opinion and is being sought for at least one of the following reasons:

1. If the continuation of pregnancy would involve a risk to the life of the pregnant woman
2. If its continuation would result in grave injury to the woman’s physical or mental health
3. In the case of a substantial risk that if the child was born, it would suffer from serious physical or mental abnormality.

• The pregnancy can be terminated upto 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions

1. If the woman is either a survivor of sexual assault or rape or incest
2. If she is a minor
3. If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
4. If she has major physical disabilities or is mentally ill
5. On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
6. If the woman is in humanitarian settings or disaster, or emergency situations as declared by the government

• Besides, if the pregnancy has to be terminated beyond the 24-week gestational age, it can only be done on the grounds of foetal abnormalities if a four-member Medical Board, as set up in each State under the Act, gives permission to do so
• Unmarried women can also access abortion under the above-mentioned conditions, because it does not mention the requirement of spousal consent
• If the woman is a minor, however, the consent of a guardian is required

Judicial Interventions in cases of abortions:

In 2017, Right to Privacy judgement in the Justice K.S. Puttaswamy v. Union of India and others, the Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution

In February this year, the Calcutta High Court allowed a 37-year-old woman, who was 34 weeks into her pregnancy, to get a medical abortion as the foetus was diagnosed with an incurable spinal condition. This judgement allowed abortion for the furthest gestational in the country so far.

UNFPA:

• It is formally named the United Nations Population Fund. The organization was created in 1969.
• It is the United Nations sexual and reproductive health agency
• It calls for the realization of reproductive rights for all and supports access to a wide range of sexual and reproductive health services – including voluntary family planning, maternal health care and comprehensive sexuality education