Question

1. What does the Court mean by the assertion that a woman’s right to abortion is not absolute?

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Answer 1

In India, maternal morbidity and morbidity is very high and the Government of India is giving so much priority on this regard to reduce the rate. Unsafe abortions contribute to 8 per cent of maternal mortality in India and continue to be the third largest cause of maternal mortality.

The Medical Termination of Pregnancy Act (1971) does state that women do not have absolute right to abortion, there are certain conditions in place. But we have experienced that there are so many cases where courts have given women complete right over their bodies. When Women have absolute right over their bodies this can bring a changes to healthy mothers and children in society.

The central Government has submitted to Supreme Court that a woman's right to abort is not an absolute right. The right to abortion must be balanced against the compelling state interest of protecting the mother's health and the life of the foetus or unborn child.

In India, abortions are still a stigma and 50 per cent of the abortions are unsafe. Also a woman can terminate her pregnancy within 20 weeks only. So, it would be like killing a baby who has not even fully matured in the mother’s womb. A woman most definitely has the right to choose her partner, but does not have the right to kill the baby inside her.

A recent research study showed that mental disturbance and pain suffered by a mother while delivering babies with abnormalities were less compared to ones choosing to abort their babies.