Introduction

Abortion is a moral right—which should be left to the sole discretion of the woman
involved; morally, nothing other than her wish in the matter is to be considered. Who
can conceivably have the right to dictate to her what disposition she is to make of the
functions of her body?
- Ayn Rand

Abortion is one of the most difficult, controversial, and painful subjects in modern
society. The debate and deliberation revolve around the issues of morality and
abortion, who makes the decision concerning abortion, the individual or the state; and
under what circumstances it may be done; Medical questions such as techniques of
abortion are less controversial but are nevertheless part of the larger debate.

Abortion is not alien to society. The problems and circumstances that lead a woman to
getting an abortion done have always been prevalent. The only reason it has become a
matter of political and social debate is because people are slowly letting down their
guards and coming out in the open about it, but controversy still surrounds the role of
women and individual autonomy in decision making. Nonetheless, women have
performed abortions on themselves or experienced abortions at the hands of others for
thousands of years, and abortions continue to occur today in developing areas under
medically primitive conditions. However, modern technology and social change have
made abortion a part of modern health care.

The social responses and attitude towards abortion varies from society to society and
culture to culture. Every society has a different stand on abortion and particular ways
of dealing with the issues of Planned Parenthood. Apart from that, the woman seeking
an abortion is at the receiving end of responses from her immediate family and circle
of friends to the societal, cultural and national level. However, lately these responses
have undergone a metamorphosis due to changing traditions and beliefs.

Going by this famous quote by Ayn Rand which appropriately sums up the basis of
my argument in favour of abortion which is that a woman has the utmost right over
her body and life, and it is completely her prerogative whether or not she wants to
raise the life inside her. Among other rights of women, it is believed that every mother

1
has a right to abortion, it is a universal right. But the rights of the mother are to be
balanced with the rights of the unborn.

Earlier the right to abortion was not permitted and it was strongly opposed by the
society. The termination of pregnancy was considered murder of the foetus. But due
to the change in time and technology, nowadays this right has slowly gained legal
sanction by most of the nations after the famous decision of Roe Vs Wade by the US
Supreme Court. But there still remain oppositions and people do believe that it should
be legally prohibited.

Statement of Problem

The present paper aims to understand the definition of Abortion, its references in
different Religions and the need for an effective law to regulate Abortion in India.
During the course of my research it was found that there may be numerous reasons
behind Abortion and it is pertinent to change the mentality of the society to remove
the social stigma attached to Abortion. The paper aims to analyze the debate on
Abortion and the History leading up to this debate. The best way to do this would be
to first analyze the Indian Law on the issue and then discuss the question of pro life
vs. pro choice.

Objectives

The objectives addressed in this paper are:

• To study the history of the debate on Abortion.
• To study the need and requirement for effective law.
• To understand the religious references of Abortion.
• To analyze the debate of pro life v. pro choice.

Hypothesis
Abortion has stirred up raging political and legal controversies worldwide. In many
countries religious and political groups refer to abortion as murder, while women’s
rights advocates insist it forms part of a woman’s fundamental right to have control
over her body. In India also such a polarisation of views has not been absent. the

2
Medical Termination of Pregnancy (MTP) Act legalised abortion in 1971 but it is still
ineffective and the problem of unsafe backstreet abortions continue.

Methodology of Study

The methodology adopted by the researcher for the present study is mainly doctrinal,
analytical and descriptive. Keeping in mind the nature and scope of the study, the
researcher has mainly relied on primary sources such as various Articles that were
necessary for the purpose of study of issue addressed in this paper. Secondary sources
like the books, articles, and e-journals have also been consulted. Use of internet
becomes very relevant to find out the most updated, relevant and apt information
which helped to explore the subjects from various dimensions.

3
 DEFINITION OF ABORTION

According to the definition given by Wikipedia, an abortion is the removal or

expulsion of an embryo or fetus from the uterus, resulting in or caused by its death.
This can occur spontaneously or accidentally as with a miscarriage, or be artificially
induced by medical, surgical or other means. "Abortion" can refer to an induced
procedure at any point during human pregnancy; it is sometimes medically defined as
either miscarriage or induced termination before the point of viability. Throughout
history, abortion has been induced by various methods and the moral and legal aspects
of abortion are subject to intense debate in many parts of the world.

There are two types of abortions. A spontaneous abortion is also known as a

miscarriage. There are some twenty percent of pregnancies that end in miscarriages,
majority of them occurring in the first two weeks of conception. In most cases, the
mother is not aware that she is pregnant. The other type of abortion is an induced
abortion. Induced, meaning a pregnancy is terminated for a medical reason, or a
mother simply decides to end a pregnancy.

There are probably as many reasons for abortions as there are women who have them.
Some pregnancies result from rape or incest, and women who are victims of these
assaults often seek abortions. Most women, however, decide to have an abortion
because the pregnancy represents a problem in their lives.

Some women feel emotionally unprepared to enter parenthood and raise a child; they
are too young or do not have a reliable partner with whom to raise a child. Many
young women find themselves pregnant before entering into matrimony and don’t
have the means to raise and support a child. Young couples who are still not
financially secure so as to provide a proper living for the child might want to avoid a
pregnancy. Some of the most difficult and painful choices are faced by women who
discover in late pregnancy that the fetus is so defective it may not live or have a
normal life. Even worse is a diagnosis of abnormalities that may or may not result in
problems after birth. Therefore, they have no alternative but to abort the child.

In some cases, a woman must have an abortion to survive a pregnancy as it poses a

threat to her life.

4
 SOCIAL FACTS

The MTP Act was quite an advanced piece of legislation for its time, stipulating that
abortions (up to twenty weeks of gestation) could be performed by registered medical
practitioners. The passage of the Act seemed to imply that the law in making this
choice would no longer hinder a woman who decided to terminate her pregnancy, nor
would she be forced to risk her life doing so. However, in the context of an under-
funded and unaccountable health care system, much of what was envisaged during the
passage of the Act failed to materialise.
To a close observer, this should not come as much of a surprise. In the political
climate of that time, concern for women’s reproductive health was not a major factor
in the passage of this law. In fact, it was expedited largely due to pressure from the
population lobby. Notwithstanding the few people involved in the drafting process
who were genuinely concerned with improving conditions for women, the main
impetus behind the Act was the belief that legalising abortion would help curb the
population growth rate.
Additional problems arose due to wrongful interpretation and implementation of this
legislation. Even though the Act’s criteria outlining eligibility were fairly liberal, the
documents used to process requests for abortion were worded in such a way as to
disempower women. Medical professionals, instead of women themselves, became
the primary gatekeepers of abortion. Lack of accountability kept the power in the
hands of doctors with many of them interpreting the conditions of the Act in their own
idiosyncratic and often restrictive ways. No systems were in place to follow up on
what doctors were saying or doing. Little effort was made to increase public
awareness about the fact that abortion was now legal, or to improve access for the
poor and uneducated. Moreover, budgetary allocations for abortion facilities were
totally inadequate, making it possible for only a handful of physicians to be trained
and updated on the appropriate methods of termination for different stages of a
woman’s pregnancy.
From a legal standpoint, however, the Act seemed to place India at the vanguard of
the women’s rights movement on the issue of a woman’s right to choose the
circumstances of her own childbearing. In the early 1970s, India was one of the first
countries in the world to pass such a liberal abortion law. The inclusion of flexible
criteria for eligibility such as "contraceptive failure" indicates that the legislation was

5
not meant to be restrictive. In fact, the 1971 law could be seen as similar to laws in
other countries which have legalised abortion on request as long as the woman is less
than a designated number of weeks into her pregnancy.

The World Economic Forum’s annual Global Gender Gap report for the year 2007 has
shown India at a dismal 120th position. The gender gap report looks at the closing of
the disparities in terms of health, education, economic status and political
participation between men and women. India is facing the toughest test when it comes
to bridging the existing disparities: Gender, economic, rights, health and nutrition and
many more. If we consider the gender gap alone, then the biggest challenge that India
faces today is of female foeticide. Sex selective abortions and increase in the number
of female infanticide cases have become a significant social phenomenon in several
parts of India. It transcends all castes, class and communities and even the north-south
dichotomy.
It would be wrong to say that the government is doing nothing, but the problem is that
sometimes even the government becomes helpless. If the people are not ready to
change their mentality despite being educated, ’we’ are to be blamed. Any progress
toward halting infanticide, it seems, has been offset by rise in sex-selective abortions.
One thing is very clear that laws can be enacted but whether we follow the law is up
to us. Our government frames one law at a time and there are several people ready to
break it. This group includes medical technology, unethical doctors and the couple
who go for genocide. The other form of killing a girl child is the infanticide,
intentional act of killing a female child within one year of its birth. This has led to an
escalating gap in the sex ratio. The Indian Medical Association estimates that five
million female foetuses are aborted each year. The ratio among children up to the age
of six was 962 girls per 1,000 boys in 1981, but 20 years later the inequity was
actually more worse: 927 girls per 1,000 boys. This ratio is amongst the most
imbalanced in the world. The local, religious and social customs have also added fuel
to the situation. India is still largely a feudal and patriarchal society. In many parts of
our country especially in UP, Bihar, Rajasthan, Haryana, Tamilnadu and Punjab,
women are viewed as an economic liability despite contributing in several ways to our
society and economy1. Women in India are victims of the patriarchal ideology that
oppresses them. The most disturbing factor is the fact that sex selective abortion is
1
http://www.merinews.com/article/female-foeticide-abortion-and-infanticide-in-india/135929.shtml

6
prevalent even in the educated class.
We need to understand the gravity of this problem before it is too late. There are
numerous reasons behind this and mostly are social evils such as dowry system and
lack of education and rights for women in India. The government can just provide few
more schemes such as literacy programmes for females, more access to primary health
centres and campaigns to show the necessity of women in a society.

Any law enacted will amount to nothing, if we as a society, continue to deny our
women the dignity, liberty and opportunities that are rightfully theirs. No society will
ever prosper as a whole as long as half of it is constantly treated as somehow less than
the other half. The Indian men need to carry the responsibility on their shoulders
because they are going to suffer a lot. The way things are heading, they will face the
need to import women - if any are available and willing to marry them. I say Indian
men because they have more rights and say in the society and if they understand the
problem, then they can certainly check this practice. There’s no other form of violence
that’s more painful, more abhorrent and more shameful.

EMPIRICAL FACTS
India records a large number of abortions -- in 2008, India saw 6.41 lakh abortions
across 12,510 institutions, approved to carry out MTP. ccording to the Family Welfare
Statistics in India 2009, brought out by the Union health ministry, India recorded 7.25
lakh MTPs in 2005, 7.21 lakh in 2006 and 6.82 lakh induced abortions in 2007.
According to the 2008 figures, the latest compiled data, Uttar Pradesh recorded the
highest number of MTPs (89,194) followed by Tamil Nadu (63,875), Orissa (59,945),
Assam (58,409) and Maharashtra (54,545). The other states with high abortion
numbers include West Bengal (46,753), Haryana (31,126), Delhi (30,846), Rajasthan
(29,292), Gujarat (27,837) and Bihar (24,149). While Punjab recorded 14,834
abortions, the Union territory of Chandigarh recorded 1,162. Madhya Pradesh had
19,385 MTPs, Kerala 14,227 and Karnataka 17,500.
The states/UTs with the lowest abortion figures included Daman and Diu (42),
Andaman and Nicobar Islands (94) and Goa (930). The north-eastern states recorded
abortion numbers below 1,000. While Meghalaya recorded 344 MTPs, the figure for
Mizoram was 524. Nagaland had 670 and Arunachal Pradesh 655 MTPs. Experts say
the high number of abortions in India continues to be a major risk factor for women.

7
A recent international report had said that only two in five of the estimated 6.4 million
abortions that take place annually in India are safe.

HISTORY OF ABORTION DEBATE

Social discourses regarding abortion have historically been related to issues of family
planning, religious and moral ideology, and human rights.
Prehistory to 5th century
Abortion was a common practice. Evidence suggests that late-term abortions were
performed in a number of cultures. In Greece, the Stoics believed the fetus to be
plantlike in nature, and not an animal until the moment of birth, when it finally
breathed air. They therefore found abortion morally acceptable2.
The ancient Greeks relied upon the herb silphium an abortifacient and contraceptive.
The plant, as the chief export of Cyrene, was driven to extinction, but it is suggested
that it might have possessed the same abortive properties as some of its closest extant
relatives in the Apiaceae family. Silphium was so central to the Cyrenian economy
that most of its coins were embossed with an image of the plant3.
In Rome, abortion was forbidden and sometimes severely punished by the
jurisprudence and nevertheless practiced "with little or no sense of shame4." There
were also opposing voices, most notably Hippocrates of Cos in Greece and
theRoman Emperor Augustus. Aristotle wrote that, "[T]he line between lawful and
unlawful abortion will be marked by the fact of having sensation and being alive5." In
contrast to their pagan environment, Christians generally shunned abortion, drawing
upon early Christian writings such as the Didache (c. 150 A.D.), which says: "…do
not murder a child by abortion or kill a new-born infant." Saint Augustine believed
that abortion of a fetus animatus, a fetus with human limbs and shape, was murder.
However, his beliefs on earlier-stage abortion were similar to Aristotle's, though he
could neither deny nor affirm whether such unformed fetuses would be resurrected as
full people at the time of the second coming.

5th century to 16th century

 ""early period" the Church treated abortion of the pre-quickened fetus

2
Hornblower, Simon; Antony Spawforth (1996). "abortion". The Oxford classical
dictionary. Oxford: Oxford University Press. p. 1. ISBN 0-19-866172-X.OCLC 34284310.

3
Gapultos, F. C.. "Destructive OB Forceps". Accoucheur's Antique.

4
Hopkins, Keith (October 1965). "Contraception in the Roman Empire". Comparative Studies in
Society and History

5
Aristotle (1944) [c. 325 B.C.]. "Politics". In H. Rackham. Aristotle in 23 Volumes. 21.Cambridge,
Massachusetts: Harvard University Press.

8
 as anticipated homicide, homicide by intent, or quasi-homicide
 c. 1115 Leges Henrici Primi treated pre-quickening abortion as a
misdemeanour, and post quickening abortion as quasi-homicide, carrying a lesser
penalty than homicide
 1487– Malleus Maleficarum (The Hammer of Witches), a witch-
hunting manual, is published in Germany. It accuses midwives who perform
abortions of committing witchcraft.

17th century to present

In the mid-to-late 19th century, during the fight for women's suffrage in the U.S.,
many first-wave feminists, such as Elizabeth Cady Stanton opposed abortion. In the
newspaper she operated with Susan B. Anthony, The Revolution, an anonymous
contributor signing "A" wrote in 1869 about the subject, arguing that instead of
merely attempting to pass a law against abortion, the root cause must also be
addressed. Simply passing an anti-abortion law would, the writer stated, "be only
mowing off the top of the noxious weed, while the root remains. [...] No matter what
the motive, love of ease, or a desire to save from suffering the unborn innocent, the
woman is awfully guilty who commits the deed. It will burden her conscience in life,
it will burden her soul in death; But oh! thrice guilty is he who drove her to the
desperation which impelled her to the crime6.”
Around 1970, during second-wave feminism, abortion and reproductive rights were
unifying issues among various women's rights groups in Canada, the United States,
the Netherlands, Britain, Norway, France, Germany, and Italy.

Indian Perspective - The Indian MTP Act:

In India, it was in the sixties when the need of liberalization of abortion was felt and a
national debate took place. The Shantilal Shah Committee, which was formed on this
occasion, deliberated for more than 2 years before submitting its report to the
Government in 1966. Following this, The Medical Termination of Pregnancy Act was
enacted by the Indian Parliament in 1971 and came into force from 01 April, 1972.
The MTP act was again revised in 1975.
India was one of the few countries in the world to legalize abortion by passing the
MTP Act in 1972. The position of abortion in India is quite confusing, Though
Abortions are legalized in India, the right is not absolute. There have been a few

6
"Marriage and Maternity". The Revolution. Susan B. Anthony. July 8, 1869.

9
decisions by the court relating to the MTP Act. However before moving on to that, it
is important to throw light on a few provisions of law. Section 312 -318 of the Indian
Penal Code, the Medical termination of Pregnancy Act, 1972 and the Pre-conception
and Pre-natal Diagnostic Techniques Act, 1994 are all related to the debate of planned
parenthood and abortion. All these are restrictions imposed on the society regarding
abortions.
Sections 312 – 314 of the IPC make causing miscarriage or abortion illegal but for
cases of good faith. The Medical Termination of Pregnancy Act, 1972 is in a way an
enabling clause to these sections of the IPC. Section 3 of the MTP is pivotal. It says,

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a
registered medical practitioner shall not be guilty of any offence under that
Code or under any other law for the time being in force, if he terminates any
pregnancy in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by

a registered medical practitioner, -

(a) Where the length of the pregnancy does not exceed twelve weeks, if such
medical practitioner is, or

(b) Where the length of the pregnancy exceeds twelve weeks but does not exceed
twenty weeks, if not less than two registered medical practitioners are, of
opinion, formed in good faith, that-

(i) The continuance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental health; or

(ii)There is a substantial risk that if the child were born, it would suffer from such
physical or mental abnormalities as to be seriously handicapped.

Explanation I-Where any pregnancy is alleged by the pregnant woman to have been
caused by rape, the anguish caused by such pregnancy shall be presumed to constitute
a grave injury to the mental health of the pregnant woman.

Explanation II. -Where any pregnancy, occurs; as a result of failure of any device or
method used by any married woman or her husband for the purpose of limiting the
number of children, the anguish caused by such unwanted pregnancy may be
presumed to constitute a grave injury to the mental health of the pregnant woman.

(3) In determining whether the continuance of a pregnancy would involve such

risk of injury to the health as is mentioned in sub-section (2), account may be
taken of the pregnant woman's actual or reasonably' foreseeable environment.

(4) (a) No pregnancy of a 'woman, who has not attained the age of eighteen
years, or, who, having attained the age of eighteen years, is a lunatic, shall be

10
 terminated except with the consent in writing of her guardian.

Save as otherwise provided in clause (a), no pregnancy shall be terminated

except with the consent of the pregnant woman.

One can hence say that the Act provides for three grounds on which the pregnancy
can be terminated. These are:
(i) Health- when there is danger to the life or risk to the physical or mental
health of the woman;
(ii) Humanitarian - such as, when pregnancy arises from a sex crime like
rape or intercourse with a lunatic woman;
(iii) Eugenic - where there is substantial risk that the child, if born, would
suffer from deformities and diseases7.

Apart from these reasons, there are also various important factors. She or the family
may not be financially sound to welcome an addition. It may be a time when she
wants to change her profession, which requires free time and hard work. Her
relationship with the husband may virtually be on the verge of collapse and she may
prefer not to have a child from him, for it may possibly affect a future marriage

All these factors are quite relevant and the Indian statute on abortion does not pay any
respect to them. The law thus is unreasonable and could well be found to be violative
of the principles of equality provided under Article 14 and Article 21 of the
Constitution.

In the case of Nand Kishore Sharma v. Union of India8, the court had to decide the
validity of the Medical Termination of Pregnancy Act. It was argued that the Act
particularly Section 3(2)(a) and (b) and Explanations I and II to Section 3 of the Act
as being unethical and violative of Article 21 of the Constitution of India. The court in
the case had to determine when the foetus comes to life and hence if his right to life is
violated by the said provisions. The court in this case refused to comment on the
attribution of the status of a “person” to the fetus, however it declared that the Act is
valid9.
7
Statement of Objects and Reasons
8
AIR2006Raj166
9
14 The court said that, “The object of the Act being to save the life of the pregnant woman or relieve

11
In the case of V. Krishnan v. G. Rajan10, the court held that for an abortion, though
the guardian’s consent is required, the minors consent is also important and should be
taken. Case laws show that the woman’s consent is of the utmost importance, and no
one can take this right away from her11.

Hence the situation in India can be summed up as the right to abortion not being
absolute as it is subject to the Sections 312-314 of the IPC, PCPNDT Act and the Sec
3 of the MTP. The consent of the husband is not required and in case of minors, the
consent of minor is just as important as the guardians.

Introduction of Medical Abortion in India is a landmark movement in the road to

improvement of women’s health. Medical abortion gives women access to pregnancy
termination which is not intrusive and has little or no side effects.

In a recent case, the Bombay High Court refused permission to abort a 26-week foetus
with a serious heart defect after rejecting the mother's plea to terminate the pregnancy.
Niketa and Haresh Mehta along with their doctor Nikhil Datar approached the court
for medical termination of pregnancy after physicians had diagnosed the unborn child
with a congenital disorder. Niketa was informed of this congenital heart block in the
24th week of her pregnancy.

Dismissing an application by Niketa Mehta, the court observed that medical experts
did not express any "categorical opinion that if the child is born it would suffer from
serious handicaps." The court noted that even if the couple had approached before 20
weeks it would not have been possible to allow abortion, as the medical opinion was
contrary.

Mehta also sought an amendment to the Medical Termination of Pregnancy Act so

that pregnancy can be terminated even after 20 weeks if doctors believe that the child,
if born, will have serious abnormalities, so as to render it handicapped. As per the 37-
year-old abortion control laws, a pregnancy can be terminated after 20 weeks only if
there was a fatal risk to the mother and not the foetus.

her of any injury to her physical and mental health, and no other thing, it would appear the Act is rather
in consonance with Article 21 of the Constitution of India than in conflict with it.”
10
H.C.M.P. No. 264 of 1993
11
Shri Bhagwan Katariya and others Vs. State of M.P. 2000

12
But a division bench of Justice R M S Khandeparkar and Amjad Sayed observed that
they could not alter the provision.

The court took into account the opinion of a three-member panel of doctors of JJ
Hospital which contradicted its earlier finding when it said there "were least chances"
that the child would be born with a handicap. The panel earlier said there were "fair
chances" the child would be born handicapped or incapacitated.

The petitioners had contended they wanted to abort the child since it would need a
pace maker right from the time of birth and the quality of its life would be poor. The
couple, who hail from a middle class background, told the court the child would need
a pace maker, which costs about Rs.one lakh and which has a limited life. Changing
the pace maker every five years was not even economically viable for the family. Had
Niketa Mehta been a resident of US or UK, she would have in all likelihood got a
judicial go-ahead to abort her fetus.
With fetal monitoring becoming more commonplace and precise in tracking
abnormalities, there are a plethora of stories from across the world of desperate
women pursuing the legal path.
On May 10, 2007, a mysterious Miss D only known as a 17-year-old who was living
with her boyfriend — made it to the headlines in Dublin papers for winning the HC’s
permission to visit Britain for an abortion. The 17-year-old was told by doctors that
her four-month fetus would not live more than a few days beyond its birth.
The fetus reportedly had anencephaly (when a part of the brain and skull is missing),
but the Irish Republic's health service issued an order stopping Miss D from going to
Britain for an abortion (abortion is illegal in Ireland except when the mother is
threatened by a medical condition or a suicide risk).
After the HC ruling in favour of Miss D, there has been a widespread debate in the
conservative country, seeking a legislative framework on abortion. Back home,
Niketa's case highlighted the need to raise the 20-week legal limit. But in Britain,
which had a liberal 28-week limit in 1990 that was scaled down to 24 weeks, third
trimester (after six months) abortions are not unknown.17

Couples look forward to an ultrasound examination as an opportunity to meet their

unborn child. That is how the health-care industry has oversold the role of ultrasound
in pregnancy. The seductive 'come and see your baby’ on one hand and threatening

13
horror stories of foetal abnormalities on the other are spread to ensure business. Once
abnormality is confirmed the only option in most cases is to terminate the pregnancy.
Any treatment currently available to correct foetal abnormalities before birth is at best
experimental. The limit of 20 weeks puts undue pressure on the doctors making a
diagnosis and on the couples making difficult choices. The haste may lead to grave
mistakes, or even worse couples may choose to abort on a suggestion or a doubt,
rather than wait for confirmatory tests which may take the pregnancy beyond 20
weeks. The aim of prenatal diagnosis is to prevent the birth of an abnormal child. The
whole science of prenatal diagnosis is meaningless if abortion is not allowed even
when gross abnormality is confirmed. Unfortunately abortion is still illegal in India
under laws enacted in the 19th century. Some abortions are allowed now under the
euphemistic Medical Termination of Pregnancy Act, 1971.

-------------------------------

17 http://timesofindia.indiatimes.com/articleshow/3335270.cms

The Act was made to facilitate abortion for birth control, considered a national
priority then, and not quite the 'enlightened legislation' one hoped for. It does not
empower women but allows medical practitioners to perform abortion whenever they
want, for 'family planning' or for money in private practice.

Foetal abnormality was considered a reason to abort in the 1971 Act but little was
available then in terms of prenatal diagnosis. All techniques of prenatal diagnosis
including 'triple TEST', ultrasounds, chromosomal and DNA analysis and tests for
foetal infections came much later. These are complicated and expensive tests and take
weeks. In many cases, the pregnancy crosses 20 weeks by the time a diagnosis is
confirmed. The limited access to health care further delays diagnosis in India. The
law, however, has not been amended to accommodate these late abortions of the
abnormal foetus if required.

Laws have been amended in most countries to allow late abortions since prenatal
diagnostic techniques became available. In the UK, a grossly abnormal foetus can be
aborted at any stage of pregnancy. new and liberal abortion law is urgently required
but we need to be careful as it may be abused to perform female foeticide.

14
 ABORTION AND RELIGION

Many religious traditions have taken a stance on abortion, and these stances span a
broad spectrum from acceptance to rejection12.

Buddhism

There is no single Buddhist view concerning abortion13. Traditional sources, such as

the Buddhist monastic code, hold that life begins at conception and that abortion,
which would then involve the deliberate destruction of life, should be rejected14. Many
Buddhists also subscribe to this view15. Complicating the issue is the Buddhist belief
that "life is a continuum with no discernible starting point16".
The Dalai Lama has said that abortion is "negative," but there are exceptions. He said,
"I think abortion should be approved or disapproved according to each
circumstance.17"
Inducing or otherwise causing an abortion is regarded as a serious matter in the
monastic rules followed by both Theravada and Vajrayana monks; monks can be
expelled for assisting a woman in procuring an abortion 18. Traditional sources do not
recognize a distinction between early- and late-term abortion, but in Sri Lanka and
Thailand the "moral stigma" associated with an abortion grows with the development
of the fetus19. While traditional sources do not seem to be aware of the possibility of
abortion as relevant to the health of the mother, modern Buddhist teachers from many
traditions – and abortion laws in many Buddhist countries – recognize a threat to the
life or physical health of the mother as an acceptable justification for abortion as a
practical matter, though it may still be seen as a deed with negative moral or karmic
consequences.

Christianity

12
BBC "Religion and Ethics"
13
Abortion: Buddhism." BBC Religion & Ethics. January 15, 2008.
14
Harvey, Peter. Introduction to Buddhist Ethics (2000). Cambridge University Press. pg. 311–20
15
The Pew Forum. September 30, 2008. Religious Groups’ Official Positions on Abortion
16
Claudia Dreifus (28 November 1993). "New York Times Interview with the Dalai Lama". New York
Times.
17
Ibid
18
Supra Note 3
19
Ibid

15
Early Christians declared abortion a sin; though there is disagreement over their
thoughts on what type of sin it was and how grave a sin it was held to be, it was seen
as at least as grave as sexual immorality20. Early Christians believed that the embryo
did not have a soul from conception, and that early abortion was therefore not murder,
but early Christian texts nonetheless condemned abortion21. Early church councils
punished women for abortions that were combined with other sexual crimes, as well
as makers of abortifacient drugs22. Christian philosophers such as Father of the
Church Augustine and Doctor of the Church Aquinas opposed abortion.
Today, procurement of abortion is condemned by many Christian denominations,
including the Roman Catholic Church, the Eastern Orthodox Church, Oriental
Orthodoxy, The Church of Jesus Christ of Latter-day Saints, and the Southern Baptist
Convention23. Other denominations have a nuanced or accepting view of abortion,
such as the Episcopal Church and some Presbyterians, among others24.

Hinduism

Classical Hindu texts strongly condemn abortion. The British Broadcasting

Corporation writes, "When considering abortion, the Hindu way is to choose the
action that will do least harm to all involved: the mother and father, the foetus and
society." The BBC goes on to state, "In practice, however, abortion is practiced in
Hindu culture in India, because the religious ban on abortion is sometimes overruled
by the cultural preference for sons. This can lead to abortion to prevent the birth of
girl babies, which is called 'female foeticide25." Hindu scholars and women's rights
advocates have supported bans on sex-selective abortions. Hindus generally tend to
support abortion in cases where the mother's life is at risk or when the fetus has a life

20
Michael J. Gorman, Abortion and the Early Church: Christian, Jewish, and Pagan
Attitudes (InterVarsity Press 1982 ISBN 087784397X), p. 50

21
Brian Clowes. "Chapter 9: Catholic Church Teachings on Abortion: Early Teachings of the
Church". Facts of Life. Human Life International.

22
Abortion and the Politics of Motherhood by Kristin Luker, University of California Press
23
Supra Note 4
24
Where does God stand on abortion?" USA Today

25
BBC "Hinduism and abortion"

16
threatening developmental anomaly.
Some Hindu theologians and Brahma Kumaris believe personhood begins at three
months and develops through to five months of gestation, possibly implying
permitting abortion up to the third month and considering any abortion past the third
month to be destruction of the soul's current incarnate body26.
According to the Brahma Kumaris World Spiritual University, the body is only the
physical vehicle for the soul. Abortion is a choice according to the amount of
suffering caused to mother and child. They believe American law is reasonable27.

Individual Hindus hold varying stances on abortion. The British Broadcasting

Corporation writes, "When considering abortion, the Hindu way is to choose the
action that will do least harm to all involved: the mother and father, the foetus and
society... Classical Hindu texts are strongly opposed to abortion." The BBC goes on to
state, "In practice, however, abortion is practiced in Hindu culture in India, because
the religious ban on abortion is sometimes overruled by the cultural preference for
sons. This can lead to abortion to prevent the birth of girl babies, which is called
'female foeticide28." Hindus generally tend to support abortion in cases where the
mother's life is at risk or when the fetus has a severe developmental abnormality.
Hindu scholars and women's rights advocates have supported bans on sex-selective
abortion29. Some Hindu theologians believe personhood begins at 3 months and
develops through to 5 months of gestation, possibly implying permitting abortion up
to the third month and considering any abortion past the third month to be destruction
of the soul's current incarnate body.

Unless a mother's health is at risk, traditional Hindu teachings and texts condemn
abortion because it is thought to violate the religion's teachings of non-violence. The
Vedic texts compare abortion to the killing of one's own parents30. The general value
system of Hinduism teaches that the correct course of action in any given situation is
the one that causes the least harm to those involved. Thus in the case where the
26
Chapter 1: Dilemmas of Life and Death: Hindu Ethics in a North American Context | Date: 1995 |
Author: Crawford, S. Cromwell

27
Hindus In America Speak out on Abortion Issues, September
1985http://www.hinduismtoday.com/modules/smartsection/item.php?itemid=338

28
Hinduism and abortion". BBC. 25 August 2009
29
A warning for doctors doing sex selection". The Hindu (Chennai, India). 30 July 2009.
30
Supra Note 17

17
mother's life is at risk, abortion is considered acceptable31.
According to the Hinduism Today website, "Several Hindu institutions have shared
their positions on abortion recently. The Brahma Kumaris World Spiritual University
does not take a formal unchanging political or religious stance on the issue of
abortion. They advise that each case requires unique consideration... The Brahma
Kumaris view the body as a physical vehicle for the immortal soul, and therefore the
issue is not "pro-life" or "anti-life" but a choice between the amount of suffering
caused to the souls of the parents and child in either course, abortion or motherhood"
and later states that "ISKCON calls the 1.3 million abortions done in America last
year "a kind of doublethink," whereby people deny the status of humanity to the
fetus...According to Vedic literature an eternal individual soul inhabits the body of
every living creature...The soul enters the womb at the time of conception, and this
makes the fetus a living, individual person32."

Islam

Although there are different opinions among Islamic scholars about when life begins
and when abortion is permissible, most agree that the termination of a pregnancy after
120 days – the point at which, in Islam, a fetus is thought to become a living soul – is
not permissible33. Many Islamic thinkers contend that in cases prior to four months of
gestation, abortion should be permissible only in instances in which the mother's life
is in danger or in cases of rape.
Among Muslims, abortion is generally haram, or forbidden. However, some
extenuating circumstances are recognized.
Before four months of gestation
Seyed al-Sabiq, author of Fiqh al-Sunnah, has summarized the views of the classical
jurists in this regard in the following words: "Abortion is not allowed after four
months have passed since conception because at that time it is akin to taking a life, an
act that entails penalty in this world and in the Hereafter. As regards the matter of
abortion before this period elapses, it is considered allowed if necessary. However, in

31
Ibid
32
Hindus In America Speak out on Abortion Issues". Hinduism Today. 7 September 1985.

33
Bowen, Donna Lee (2003). "Contemporary Muslim Ethics of Abortion". In Brockopp, Jonathan
E.. Islamic ethics of life: abortion, war, and euthanasia. University of South Carolina Press.

18
the absence of a reasonable excuse it is detestable. The author of ‘Subul-ul-Maram’
writes: ‘A woman’s treatment for aborting a pregnancy before the spirit has been
blown into it is a matter upon which scholars differed on account of difference of
opinion on the matter of ‘Azal (i.e. measures to hinder conception). Those who allow
‘Azal consider abortion as allowable and vice versa.’ The same ruling should be
applicable for women deciding on sterilization. Imam Ghazzali opines: ‘Induced
abortion is a sin after conception’. He further says: ‘The sin incurred thus can be of
degrees. When the sperm enters the ovaries, mixes with the ovum and acquires
potential of life, its removal would be a sin. Aborting it after it grows into a germ or a
leech would be a graver sin and the graveness of the sin increases very much if one
does so after the stage when the spirit is blown into the fetus and it acquires human
form and faculties34."
Threat to the woman's life
On the issue of the life of the woman, Muslims universally agree that her life takes
precedence over the life of the fetus. This is because the woman is considered the
"original source of life," while the fetus is only "potential" life35. Muslim jurists agree
that abortion is allowed based on the principle that "the greater evil [the woman's
death] should be warded off by the lesser evil [abortion]." In these cases the physician
is considered a better judge than the scholar.
Rape
The Grand Mufti of Palestine gave a ruling that Muslim women raped by Serb men
during the Kosovo War could take abortifacient medicine, because otherwise the
children born to those women might one day fight for the Serbs against the Muslims36.
Fetal deformity
Some Muslim scholars also argue that abortion is permitted if the newborn might be
sick in some way that would make its care exceptionally difficult for the parents (eg.
deformities, mental retardation, etc)37
Judaism

34
Ehrich, Tom (August 13, 2006). "Where does God stand on abortion?". USA Today.
35
Supra Note 22
36
Rispler-Chaim, Vardit (2003). "The Right Not To Be Born: Abortion of the Disadvantaged Fetus in
Contemporary Fatwas". In Brockopp, Jonathan E.. Islamic ethics of life: abortion, war, and euthanasia.
University of South Carolina Press.
37
Ibid

19
Orthodox Jewish teachings sanction abortion as a means of safeguarding the life of
the woman38. While the Reform, Reconstructionist and Conservative movements
openly advocate for the right to a safe and accessible abortion, the Orthodox
movement is less unified on the issue39.
In Judaism, views on abortion draw primarily upon the legal and ethical teachings of
the Hebrew Bible, the Talmud, the case-by-case decisions of responsa, and other
rabbinic literature. In the modern period, moreover, Jewish thinking on abortion has
responded both to liberal understandings of personal autonomy as well as Christian
opposition to abortion40. Generally speaking, orthodox Jews oppose abortion, with few
health-related exceptions, and reform and conservative Jews tend to allow greater
latitude for abortion41. There are rulings that often appear conflicting on the matter.
The Talmud states that a fetus is not legally a person until it is delivered 42. The Torah
contains the law that "when men fight and one of them pushes a pregnant woman and
a miscarriage results but no other misfortune, the one responsible shall be fined...but if
other misfortune ensues, the penalty shall be life (nefesh) for life (nefesh)." (Ex.21:22-
25); causing an abortion on an unwilling woman is thus a crime, but not because the
fetus is considered a person43.
According to the British Broadcasting Corporation, "Judaism does not forbid abortion,
but it does not permit abortion on demand. Abortion is only permitted for serious
reasons. Judaism expects every case [related to abortion] to be considered on its own
merits and the decision to be taken after consultation with a rabbi competent to give
advice on such matters."

Sikhism

Although the Sikh code of conduct does not deal directly with abortion (or indeed

38
Judaism and Abortion, BBC (2005-02-08
39
Supra Note 4
40
Jakobovits, Sinclair

41
Articles published by the Schlesinger institute on abortion in Judaism: articles in English and in
Hebrew, and the entry on abortion from the Encyclopedia of Jewish Medical Ethics (Hebrew)

42
Jewish Abortion perspective 1 on Patheos

43
Rosner, Fred (2001). Biomedical ethics and Jewish law. KTAV Publishing House, Inc.. p. 178.

20
many other bioethcal issues), it is generally forbidden in Sikhism because it is said to
interfere with the creative work of God. Despite this theoretical viewpoint, abortion is
not uncommon among the Sikh community in India, and there is growing concern
that female fetuses are being aborted because of the cultural preference for sons.

Unitarian Universalism

The Unitarian Universalist Church strongly supports abortion rights. In 1978, the
Unitarian Universalist Church passed a resolution that declared, "...[the] right to
choice on contraception and abortion are important aspects of the right of privacy,
respect for human life and freedom of conscience of women and their families." The
Church had released earlier statements in 1963 and 1968 favoring the reform of
restrictive abortion laws.

Pro Life vs. Pro Choice

The topic of abortion is one of the most controversial of our times. It discusses human
interaction where ethics, emotions and law come together. There are different points
of views towards abortion. These views can be broken down into two categories, Pro-
life and Pro-choice.
A pro-lifer is against abortion. Pro-lifers believe that from the moment of conception,
the embryo is alive and this life imposes a moral obligation to preserve it. It has a
brain and a heart; therefore it also has a right to live. They believe that although a
woman has sovereign right over her body but these rights can only be exercised before
birth of her child, in terms of contraceptive measures and family planning. But after a
child has been conceived, it assumes the position of another human being and abortion
thus would be considered murder. Their overall mission is to gain equal protection
under the law, to all living humans from the time their biologic life begins at
conception until natural death. The
pro-life movement's goal is really to show that the woman and her child are two
separate individuals, each with their own, separate rights.

Religion plays a big role on pro-life. Abortion is against the Bible and most religious
people don’t believe in it either. Mother Teresa once stated that “it is poverty to
decide that a child must die so you may live as you wish.” Abortion is the unnatural

21
end of pregnancy. That child has the right to life that is equal to the mother’s right.
One cannot kill another human being just because they wished it wasn’t around.

On the other hand, a pro-choicer would feel that the decision to abort a pregnancy is
that of the mothers’; and the state has no right to interfere. Abortion is a woman’s own
right and choice. Women should not be forced to have babies they don’t want or
aren’t ready for. They must be able to decide what happens to them and have a safe
plus legal way of doing so. Women are in control of their own bodies and lives.
Legislators have no right to interfere. This group of people essentially believe that at
the moment of conception, the embryo is not a human being and therefore the
universal declaration of human rights does not apply to it. Their mission is to "ensure
that women have the right to seek and obtain medically safe, legal abortions under
dignified conditions and a reasonable cost."

Researcher’s Opinion

My personal view on this debate would have to favour the Pro Choice movement.
Some may consider this group to be influenced by feminist perspectives, but the truth
is that in today’s era when women have finally come at par with the men and our
Constitution boasting of Equality and Right to life and personal liberty then women
should get full right to make their own decisions pertaining to their body and
reproductive options. There could be a lot of reasons why a woman would want to
terminate their pregnancy, their could be financial difficulties, she could be a working
woman who cannot balance a child and a job just yet, it could be a pregnancy before
marriage or it could be a third or fourth pregnancy or a pregnancy as a result of incest
or rape. These are just a few basic reasons, one must know that pregnancy is not just
about child- bearing but it is about child rearing. Raising a child is not a small
responsibility; there are a lot of implications that one has to think about; their
education and well being. Every woman has some maternal instinct and would not
abort her own baby for no rhyme or reason, and if a woman does decide to do so, I
genuinely believe that there is some driving force behind it.

Conclusion and Researcher’s suggestions

Abortion has always been a controversial subject of debate; it has moral, legal and

22
social implications. The law has to take care of the liberty of the mother as well as the
public interest.

It is the natural implied duty of a mother to raise her child in the best possible way.
However, situations may arise where she indulges in activities, because of which she
may not be able to fulfill her duty and the responsibilities that come with the territory
of being a mother. It may be due to ignorance, carelessness or acts done wilfully.
Abortion is an issue to be left to the decision of the mother. The first argument in this
regard would be ‘bodily sovereignty’ i.e., a woman has the sole right as to decide
what she can and cannot do with her body. Banning abortion and imposing strict
restrictions will not change anything, the only outcome would be that women will
resort to illegal and ‘back-street’ abortions which pose a substantial risk to the health
of the mother, also if one cannot get safe and available access to abortion facilities, a
mother may give birth to the child and then abandon him/her. That would be
dangerous to the life of the baby.

Even though, there has been a revolutionary change in the mindset of people as far as
abortion is concerned, which reflects in the liberalizing of restrictions on abortion and
the organisations and conventions working for the cause, there is still a social stigma
attached to having an abortion. In case of spontaneous-abortion, eligible women get
benefits like leave and health insurance, so, similar facilities should also be available
for every kind of abortion. A lot of research needs to be done from abortion-seeker’s
point of view so as to equip them to handle issues like stigma, trauma, emotional
security, true-consent, etc. Measures of confidentiality and privacy, particularly in
public institutions, must be further strengthened and every abortion-seeker should feel
that her dignity is not being taken for granted.

Lastly, the fact that India has legalized abortion does not necessarily mean that it is
always available to every pregnant woman who would like to terminate her early
pregnancy. The reason for this is that the majority of the population, being in rural
areas and far away from government hospitals and clinics, have no access to the
facilities promised by the government. And equally important is the fact that it will
take some time before the information that abortion is now legal and available reaches
all the needy mothers in India. Another problem is the existing adverse doctor to
population ratio, as well as the doctor to pregnant mother ratio. This has to be

23
improved as a part of the overall improvement in the total health infrastructure by
increasing the number of general physicians, gynaecologists, and obstetricians, in
particular, and the overall para-medical personnel. Also, the quality of abortion
facilities is not up to the mark, the competence of the doctors performing the abortion
is also another issue. Before a woman undergoes an abortion, she should have a few
sessions with proper qualified counsellors to bring the woman up to speed with the
aftermath, side effects and risks of abortion.

Also, even though abortion always remains an option, it should always be considered
as a last resort. Women should be made aware of measures like contraceptives to
avoid an unwanted pregnancy. Immediate and radical steps must be taken towards
Planned Parenthood and improvement of reproductive health. This is no longer a
family planning device but a matter of a person’s life and personal liberty.

Clearly, the situation surrounding abortion requires considerable attention in order to

transform the theoretical right to a safe abortion into a service that is truly available
and safe. There is a need to initiate a campaign to:
• Raise public awareness of women’s rights under the Act, including a major
outreach effort to inform people where services are available and about which
procedures are safer than others. Public service announcements on TV and
radio, and information posted on bus stands or on billboards (targeted to both
men and women) would be a logical first step.
• Work towards a more efficient distribution of resources in existing medical
facilities to ensure adequate equipment, supplies, and staff.
• Remove or substantially reduce the extraneous paperwork that discourages
proper reporting by medical providers.
• Develop incentives for doctors to get specific professional training in the least
invasive and safest methods of conducting abortions.
• Work towards legal reform to change the clause in the MTP Act that insists
that all legal providers must be registered medical practitioners. This would
open up new possibilities for extensive training of health workers to conduct
MVA under supervision.
• Work as advocates to make the public health system accountable to the
millions of people for whom it is supposed to be designed, with a special

24
 consideration for the rights of the poor.

BIBLIOGRAPHY

Books Referred:
• Chhabra, R, and Nuna, SC: Abortion in India: An Overview, Veerendra
Printers. New Delhi (1994)
• Kumar, R, Singh MM, Kaur, M, "Reproductive Health Behavior of Rural
Women," The Journal of the Indian Medical Association 93 Abstract (1995)
• Hartman,Becky, Reproductive Rights and Wrongs: the Global Politics of
Population Control, South End Press. Boston (1995)
• Leela Visaria, Vimala Ramachandran , Abortion in India: Ground Realities

Websites Referred
• Saha, Shelly, "Happy Families? Safe Abortions are Still a Distant Dream,"
www.humanscapeindia.org/ 900014t.htm.
• ww.legalserviceindia.com/.../l384-Legalize-Abortion-In-India.html
• http://www.indiatogether.org/manushi/issue126/abortion.htm
• http://www.merinews.com/article/female-foeticide-abortion-and-infanticide-
in-india/135929.shtml
• www.mariestopes.org/.../Medical_abortion_in_India_research_brief_low_res_
FINAL_03_09.pdf
• www.timesofindia.com

25