The landmark Roe v. Wade judgment of the US Supreme Court in 1973, which established the right to abortion as a constitutional right, is now threatened with reversal. A leak by Politico revealed that the court has decided to overturn the consequential ruling. This development has once again ignited the global debate about abortion laws and the multifaceted issues surrounding them – the women’s rights, gender equality, medical ethics, government policies, and shifting societal beliefs.
Roe v. Wade Case 1973: A Constitutional Landmark
In 1973, the Roe vs Wade judgment by the US Supreme Court established the right to abortion as a constitutional right, thus setting a global benchmark for subsequent abortion laws. The verdict struck down existing laws that made abortion illegal in several US states. The court ruled that abortion would be permissible up to the point of fetal viability, which is defined as the time when a fetus can possibly survive outside the womb. At the time of the judgment, this was estimated to be around 28 weeks, however, advances in medicine have reduced this threshold to approximately 23 or 24 weeks.
The Ongoing Controversy: The Abortion Debate
The abortion debate pivots around the moral, legal, and religious implications of induced abortion. It typically polarizes into the “pro-choice” camp that advocates for a woman’s right to choose and the “pro-life” camp that emphasizes the rights and humanity of both the mother and fetus. This ongoing controversy majorly centers around the defining issues of human personhood commencement, fetal rights, and bodily integrity.
The Present Case: Challenging Mississippi’s Abortion Law
The current case concerns a 2018 Mississippi law that banned most abortions after 15 weeks, much earlier than Roe’s viability clause permitted. Subsequently, in 2019, Mississippi passed an even more stringent “heartbeat” abortion law that outlawed most abortions once fetal cardiac activity could be detected, typically around the six-week mark. This law offered no exceptions for pregnancies caused by rape or incest. However, the law was blocked and later upheld by the 5th Circuit Court of Appeals in New Orleans in February 2020.
Anticipated Implications of the Judgement Reversal
The reversal of Roe would have significant consequences. In the absence of a federal law protecting abortion rights in the US, this move would leave abortion laws up to individual states’ discretion. It could potentially disrupt women’s rights and shift the human rights framework, potentially disadvantaging the less privileged strata of society.
India’s Stance: Abortion Laws Explained
In India, the law approaches abortion somewhat differently. While the Indian Penal Code, 1860, criminalizes abortion under Section 312, the Medical Termination of Pregnancy Act of 1971 (MTP) and its subsequent amendment provide certain exceptions. The MTP Act permits abortions up until 20 weeks of pregnancy. An amendment in 2021 extended this limit to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors, and requires the approval of two registered doctors. There is no timeline restriction for cases of fetal disability, however, these are decided upon by a medical board of specialist doctors established by state and union territory governments.
Last Modified: February 15, 2024