Not her choice

Social mores have ingrained in us that babies are the most beautiful creations of mankind. Our lives are defined by us having children; an invisible milestone set in place that must be achieved after years of mental conditioning. However, there are many who, for various reasons, opt not to have children. I'm saving the question of procreation for another column; here, I mean the scores of women who decide they don't want to go through with a pregnancy. There could be many reasons that may compel such a difficult decision; and it is a tough one no doubt. No matter what people may think, any mother undergoing abortion experiences a milieu of emotions and hormones. But ultimately, the choice is solely the mother's, not the father's, and definitely not the state's.

The US has failed to stop a draconian anti-abortion law this month bringing into force a near-total abortion ban in Texas. The law also gives private citizens the right to sue any abortion provider. Pushed forward by Republicans, the Senate 8 bill signed by Republican Governor Greg Abbott in May, disallows abortion once cardiac activity is spotted in an embryo at around 6 weeks. The harsh law makes no exceptions to survivors of rape and incest. Similar laws in other American states have been blocked in the past making Texas the first one to pass the anti-abortion law so early in the pregnancy. This creates a dangerous precedence raising the fear that other conservative states that have been pushing for similar laws may resurrect their attempts. Understandably to prevent this from happening, the Joe Biden government has sued Texas.

Globally, six countries have a blanket ban on abortion; 125 nations, including India, allow abortions with some restrictions. Worldwide, the push is for further liberalisation of the abortion law as can be seen since 2000 wherein 29 countries have added more freedom to the law, according to an independent thinktank, the Council on Foreign Relations (CFR). Where law doesn't permit, it leads to unsafe medical procedures to abort the unborn.

India further expanded the abortion law this year on March 25. As per the amended law, foetuses can be aborted till 24 weeks from the earlier 20 weeks. In which case, two doctors would have to sign off on the abortion rather than one. Unmarried women can abort a pregnancy citing contraceptive failure, which was earlier allowed only to a married woman and her husband. There is also no upper gestation limit in cases where the child is likely to be born with a disability but a medical board will have the final say.

We are definitely better off than the cruel Texan law but there are still some glaring restrictions facing Indian women. Given the Indian propensity for 'jugaad' and the availability of enough compassionate doctors, women have been able to skirt the restrictions. But the question is why should they have to? The taboo associated with abortion is also real. There are news stories and social media accounts where Indian women narrate the scary experience of getting an abortion, from being judged to being denied their right on "moral" grounds. According to an IndiaSpend report from last year, 243 women moved to court between May 1, 2019, and August 15, 2020, to terminate unwanted pregnancies. This is because the Indian law still fails to recognise abortion as the woman's choice and puts the onus on the doctor instead. In the past, Madhya Pradesh High Court had denied an abortion of a 26-week pregnancy of a 13-year-old rape survivor. The grey areas continue in our law, which pays little heed to the woman's choice.

All the countries that allow abortion with restrictions cite socio-economic problems, rape, foetal disability as reasons to permit abortion. But no one says it's the woman's choice. I have witnessed friends taking the most difficult decision of their lives and aborting future children who would have been born with disabilities. Similarly, there are horror stories of rape survivors being forced to give birth. Abortion is not a comfortable topic to discuss; for many, it brings to the fore deep sorrow and trauma. But it is as much a reality as the pictures of bountiful children. Incidentally, September 28 is recognised as International Safe Abortion Day.

The writer is an author and media entrepreneur. Views expressed are personal