France Enshrines Abortion Rights in Constitution
Context: March 4, 2024, will stand out in history as the day France enshrined “the right of women to voluntarily terminate a pregnancy” into its Constitution, becoming the first nation globally to elevate it to a constitutional right, nearly half a century since the legalization of abortion. In an era where women’s rights face challenges worldwide, France’s landmark decision echoes a powerful message of support and unity to women everywhere.
Relevance: GS paper 2, 4
Indian Scenario
Before the 1960s, abortion was considered a criminal offense under Section 312 of the Indian Penal Code (IPC), subject to legal punishment.
This committee was formed to review abortion laws and consider the necessity for reform in India. It advocated for more lenient abortion laws to decrease the rate of unsafe abortions and maternal deaths.
Following the Shantilal Shah Committee’s suggestions, the MTP Act was enacted by Parliament in August 1971. It legalized abortion under certain conditions up to 20 weeks of gestation and protected doctors performing abortions within the act’s guidelines. The act required the consent of one medical practitioner for abortions up to 12 weeks and the consensus of two practitioners for those between 12 and 20 weeks.
The MTP Act underwent a minor revision in 2002 to incorporate the use of medical abortion pills, mifepristone and misoprostol.
A significant amendment in 2021 extended the permissible abortion period to 24 weeks under certain conditions. The updated act allows for abortion on the advice of one doctor up to 20 weeks and requires the concurrence of two doctors for abortions between 20 and 24 weeks. It identifies seven specific groups of women eligible for this extended period, including sexual assault or incest survivors, minors, those changing marital status, physically disabled women, mentally ill women, cases of fetal anomaly, and women in emergency or disaster situations.
The MTP Act safeguards the anonymity of women undergoing abortions, barring disclosure of their information without legal authorization. Supporting this act is crucial for advancing Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, targeting the reduction of maternal mortality and promoting health and gender equality.
In 24 countries, abortion is completely illegal, impacting around 90 million women of childbearing age, which constitutes 5% of the global total. This list includes countries like Senegal, Mauritania, Egypt, Laos, the Philippines, El Salvador, Honduras, Poland, and Malta.
Fifty nations, including Libya, Indonesia, Nigeria, Iran, and Venezuela, allow abortions only under specific conditions, such as when the woman’s health is at risk or in cases of rape, incest, or fetal anomalies.
Countries like Canada, Australia, and most of Europe have relatively liberal abortion laws, with the main restrictions being gestational limits, usually between 12 to 14 weeks.
Concerns Against Abortion
In conclusion, the ongoing discourse on the Medical Termination of Pregnancy (MTP) Act reflects the complex balance between legal frameworks and women’s rights to abortion, underscoring the importance of nuanced and empathetic approaches to this sensitive issue.
The MTP Act is a legislation in India that regulates the termination of pregnancies. It sets guidelines for legal abortions, ensuring the safety and well-being of women seeking abortion services.
The MTP Act was enacted in August 1971. Initially, it allowed abortions up to 20 weeks under specific conditions, with the consent of one doctor up to 12 weeks and two doctors between 12 and 20 weeks.
The MTP Act underwent amendments, including one in 2002 allowing medical abortion pills and a significant one in 2021, extending the permissible abortion period to 24 weeks under certain conditions.
The amended act identifies seven specific groups of women eligible for abortion beyond 20 weeks, including sexual assault or incest survivors, minors, those changing marital status, physically disabled women, mentally ill women, cases of fetal anomaly, and women in emergency or disaster situations.
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