India is more progressive than US when it comes to abortion. Explain.

Abortion rights have been at the centre of women rights movement for decades. Women’s Rights activists argue that abortion rights form a crucial part of a woman’s reproductive rights, right to choose and her bodily autonomy. 

In this context, India and the USA, two of the largest democracies of the world, have chosen two very different paths. India, on one hand, is considered progressive when it comes to abortion rights, on the other hand, the US has one of the most stringent laws banning abortion.

Abortion laws in the US 

Abortion laws have always been a contentious bone in the American politics. The Pro-choice (those who advocate legalising abortions) vs the Pro-life (support abortion ban) is perhaps one of the most polarising debates in the American society.
               As the US is a federal nation, states have the power to make laws on abortion. For decades, the states have preferred to ban abortions, abortion was ban in 30 states while in 20 it was legal under specific conditions.  

Roe vs Wade case 1973: In the historic Roe vs Wade case, the US Supreme Court, gave constitutional recognition to abortion. It overturned all and any state laws banning abortion. In another case, Planned parenthood vs Casey (1993), the Supreme Court upheld its judgement in Roe vs Wade. However, these cases did not put to rest the Pro-Life movement. Fuelled by a conservative ideology, they constantly worked at local level to disrupt abortion clinics and create maa support for their cause.
             In a setback to Pro-Choice movement, the Supreme Court, now dominated by conservative judges, overturned the Roe judgement, in Dobbs vs Jackson Women’s Health Organization (2022). This has taken back the Constitutional Right to Abortion. Now, there is a fear that this would lead to states enacting their ‘trigger law’ (laws which are framed but not enforceable to due Supreme Cout ruling, but now will come into force as soon the Court overturns its Roe judgement). 

              Many states have already banned abortion. Abortion is a criminal offence in the US. Any medical practitioner performing abortion procedure and any woman undergoing abortion can face criminal charges. Women Rights activists, all over the world, are worried that with no access to safe abortions, unwanted pregnancies and death due to unsafe procedure will see a spike. 

Abortion laws in India  

Before independence, Britishers had banned abortions in India. Abortion was criminalised under section 312 of Indian Penal Code. Post independent India continues the British legacy until the enactment of Medical Termination of Pregnancy Act, 1971. 
              In the 60s, women rights activists started demanding legalising abortion. Central government appointed Shantilal Committee in 1964 to examine the issue. Shantilal Committee took a progressive stand on the issue. The Committee highlighted the grave situation regarding unsafe abortions in India. It advocated for women’s right to bodily autonomy and right to choose. It also suggested that with changing times it is important to take a progressive stand. 
              This led to enactment of Medical Termination of Pregnancy Act, 1971. Through subsequent amendments and court judgements, India has come a long way. 

Let us see, how India’s abortion laws are much more progressive, especially when compared to the US.

1. Medical Termination of Pregnancy (Amendment) Act, 2021, has extended abortion limit to 24 weeks (on opinion of two Registered Medical Practitioners). From 12 weeks to 20 weeks, opinion of only one RMP is required. Therefore, ensuring access to abortion for women who are in late phases of their pregnancies.
2. The Act has allowed abortion if there is a change in the marital status of the women. It recognises that raising a child is not just the woman’s responsibility. 
3. Supreme Court in a recent judgement, allowed an unmarried woman to abort her pregnancy after her partner left her. Supreme Court, in a progressive stance, read the term ‘husband’ as partner, thus recognising live-in relationships as well. 
4. Women have been given a central role in the decision: Consent of the woman, is compulsory, otherwise an abortion can attract a criminal penalty for the one performing the procedure. 
5. Special provision for rape and sexual assault survivors: The Act recognises their plight and has restored their reproductive rights.

Therefore, we can conclude that India is among the progressive countries when it comes to abortion laws and recognising women’s choice. It has, certainly, taken a much progressive stand when compared to the US. This serves as an example for other developing countries that democracy is a matter of social progress and not just economic prowess.