Pro-Choice Or Pro-Life: Comparison Of Countries And Their Strict Abortion Laws

The United States of America is facing a series of protests against the Supreme Court's leaked initial draft majority opinion, as reported by Politico. The vote will strike down the crucial 'pro-choice' judgment of Roe v Wade 1973 decision which legalised abortion through the U.S, a pro-choice research group has warned that if this law is nullified, 26 U.S states are likely to ban abortion, as reported by The Hindustan Times.

This decision has sparked debates all over the world, abortion is one of the most contended issues. Here's a look at how other countries, including India, have faired in regard to abortion laws.

Where Abortion Is A Legal Right

In Europe, abortion is allowed without restriction up to between 10 and 14 weeks. Countries such as Great Britain, France, Austria, Germany, Italy, and Greece legalised abortion in the 1960s-70s, which can be 'on request/demand', implying the right to voluntarily abort based on their choice. The Nordic countries, Finland, Norway, Sweden, and Denmark also legalised abortion in the 1970s, following the trend in Europe.

Where Abortion Is Punishable

One of the strictest countries in the world, El Salvador in South America, has made getting an abortion illegal and punitive with 35 years of prison since 1998, with over 180 women who experienced abnormalities or emergencies getting charged. The Philippines is another country with stringent laws on abortion for a hundred years. It noted one thousand deaths of women, due to complications in pregnancies as given in The Hindustan Times.

India's Position Since Independence

Abortion was a criminal offence according to Section 312 of the Indian Penal Code (IPC), 1860, carried on from the British legacy. It only allowed abortion in extreme emergency cases where the woman's life was endangered. Voluntary abortion put a woman in jail for three years.

This changed in the 1960s when the government set up a committee led by Shantilal Shah, 1964 to suggest changes in the abortion law of India. In 1971, upon the recommendations of the Shah Committee, the Parliament passed the Medical Termination of Pregnancy Act (MTP). It did legalise abortion, but with many conditions such as the pregnancy being a danger to life, when risk is involved in the birth of the child when pregnancy results from rape or depending upon the socio-economic context of the family. However, unmarried women could not abort their pregnancies if none of the criteria was met.

In the MTP Amendment Act of 2021, one of the biggest changes was the inclusion of all women, whether married or unmarried and the increase in the limit of terminating pregnancies from 12 weeks to 20 weeks with advice from doctors and special categories where women could abort up to the 24th week. The pro-choice stance which has evolved in India shows a changing attitude towards women and their bodies.

Most developed countries have legalised abortion, whereas a number of developing nations either have restrictive laws or completely banned abortion. India has become a beacon of progressive, liberal ideas among rising countries when developed countries like the U.S are regressing.

Also Read: 25 Million Miscarriages Can Be Prevented Annually Through WHO's New Abortion Norms