Abstract

The author discusses how the present sub-classification of pregnancies in Indian abortion laws, being a selective right, stands counter to the autonomous rights of persons over their bodies. The MTP Act, 1971 was passed at a time when most of the countries did not have a legislation to this effect. It was a major breakthrough at that time as, one of the facets was to prevent female foeticide and pre-natal determination of sex, being criminal offences due to the preference of male foetus over a girl child in India. The paper thus discusses in reference to abortion, the extent and the reason that the State intervention is justified to act as a parens patriae to safeguard health and lives of both the mother and the foetus at the national and global level. The situation at global level seems to be grim. At the face of it, the figure is very pleasing as 98% of countries allows abortion to save a woman’s life according to a UN Report. But in reality a woman’s life even in the 21st century is confined to the life of the limb and body. This is supported by the fact that if a woman has developed unintended pregnancy, only 34% of the countries allow abortion solely on a woman’s request. The recent issue of Poland, where the Catholic predominantly archaic mindset was conceptualized in reality where the latest Court ruling held that that abortions for foetal abnormalities violate its Constitution has been taken up in the context of eugenic model versus woman’s autonomy. The paper analyses insights of jurisprudence of European countries with reference to abortion laws and the impact of COVID-19 on the healthcare accessibilities to women in rural and urban areas in India. Lastly, the suggestions have been summed up in the present Indian laws and the need for all the countries to march in the direction of upholding womanhood and the autonomy of her privacy, rights and choices.

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