The conflict surrounding Poland’s abortion laws has recently come under the magnifying glass of media attention, as women across the country rise in protest of a court ruling that severely limits their rights to safe and legal abortions. This controversial development has sparked conversations globally and stirred up significant repercussions.
Poland’s Abortion Laws
Poland’s current abortion legislation, which dates back to 1993, allows the termination of pregnancies based on foetal defects. This law is already considered one of the strictest in Europe. The recent court decision further restricts abortions, permitting them only in instances of rape, incest, or threat to the mother’s life.
The Constitutional Ruling
The justification behind the court’s ruling lies in its interpretation of Poland’s constitution, which ensures the right to life. It argued that allowing abortions due to foetal malfunctions was in direct violation of this principle and constituted a form of forbidden discrimination. The court contended that permitting such abortions legitimised “eugenic practices” concerning unborn children, thereby denying them respect and protection of human dignity.
A Historical Perspective
This isn’t the first instance where Poland’s abortion laws have caused uproar. In 2016, thousands of women protested against a proposed law advocating a complete abortion ban. This draft, initially endorsed by the Catholic Church, was introduced by an anti-abortion citizens’ group. It proposed serious penalties for those involved in the process, including imprisonment for up to five years for both women undergoing abortions and doctors performing the procedure. However, the church withdrew support when bishops declared opposition to jailing women who sought abortions.
Implications of the Recent Ruling
Annually, fewer than 2,000 legal abortions take place in Poland, with the majority attributed to foetal defects. Given these statistics, the new ruling effectively instills a near outright ban on abortions in the country. Legal terminations due to rape, incest or threats to the mother’s life account for just 2% of all legal abortions. As a result of the country’s strict regulations and the stigma associated with abortion, an estimated 80,000 to 120,000 Polish women either seek illegal abortions or travel abroad for the procedure each year. Concerns are growing that these numbers might rise dramatically if abortions based on malformed foetuses are criminalised.
Global Responses
The ruling has been condemned by both regional and global organisations such as the Council of Europe, Amnesty International, the Center for Reproductive Rights and Human Rights Watch.
Abortion Laws in India
In contrast to Poland, India’s abortion laws are regulated by the Medical Termination of Pregnancy (MTP) Act, 1971. This law allows doctors to perform abortions in several scenarios: if the pregnancy poses a threat to the woman’s life or mental health, if there’s a high likelihood of the child suffering physical or mental handicaps, if the pregnancy is a result of contraceptive failure (applicable only to married women), or if the pregnancy arises from sexual assault or rape. The specifics of execution vary depending on the gestational period and urgency of the situation. A significant shift happened in January 2020, when the Union Cabinet approved amendments to the MTP Act, extending the permissible period for abortion from 20 weeks to 24 weeks in specific cases, asserting women’s reproductive rights, and promoting gender justice.
