The History of Abortion Rights In India vs.

USA

1. Before 1971, abortion was not legalized and in fact, was criminalized under section
312 of the Indian Penal Code (framed by Britishers). But in 1971, the Indian
constitution granted abortion rights to women.

2. Medical Termination of Pregnancy (MTP) Act (1971)

In 1971, the Medical Termination of Pregnancy Act was included in the constitution. It
inferred the right of abortion to women up to 20 weeks of pregnancy in the given below
conditions-

1. If the pregnancy imposes a substantial threat to a women’s life and can cause
physical and mental damage.
2. If the expected child will face a threat to life or will be physically or mentally
handicapped.
3. If pregnancy is due to rape.
4. If pregnancy is the result of failed contraceptive.
Permission for a few cases of abortions after 20 weeks has also been asked in the
Supreme Court. Article 142 (order passed by the apex court to do complete justice)
confers this power to the highest court.

3. MTP Amendments Act (2021)

It increased the time limit for undertaking the abortion from 20 weeks to 24 weeks for
pregnant women. This act also allowed unmarried women to terminate their pregnancy based
on the failure of contraceptives.

The right to privacy has also been appointed to women. The medical institute can only reveal
the details regarding abortion to the authorized person. This new law is more inclusive of
rape survivors, victims of incest, differently-abled, minors, etc.

Earlier, a registered medical practitioner was allowed to perform an abortion on a fetus for up
to 12 weeks. And for more than 12 weeks and under 20 weeks, the opinions of two medical
practitioners were a must. Now it has been changed to one doctor for abortion within 20
weeks and two doctors for abortion between 20 to 24 weeks.

If any woman is asking for an abortion beyond 24 weeks, a medical board is in charge of
deciding by studying the severity of the requirement.

4. History of Abortion Rights in the US

Before the landmark judgment of Roe Vs Wade, abortion was illegal in 30 states of America
whereas in 20 states it was legal under specific circumstances
 5. Roe Vs Wade (1973)

Roe demanded abortion for her third pregnancy when the Texas constitution revoked her
choice. But after winning in the district court, Roe appealed to Supreme Court. On Jan 22,
1973, the Supreme Court with a dominant majority of 7-2 amended the constitution.
Following the due process of law under the “right to privacy’’, abortion was now legalized in
the US. The judgment halted the practices of many federal and state abortion laws. However,
absolute rights were not granted. Women were furnished with the right to abortion up till fetal
viability, that is until the third trimester.

6. Planned Parenthood Vs Casey (1992)

Pennsylvanian State Abortion Act consisted of five rules for abortion and was challenged by
Casey. With the 5-4 majority, the Supreme Court reaffirmed the central holding of the Roe
Case. But out of five rules, Supreme Court struck down only one - the one which stated about
spousal notification requirement. It was proclaimed unconstitutional. Court also allowed the
states to impose restrictions on abortion during the first trimester under certain circumstances.
The concept of ‘undue burden’ was highlighted in the jury debate. And since this case, an
overview of ‘challenged restrictions placing an undue burden on a woman’s right to choose’
is considered in every abortion scenario.

7. Dobbs vs Jackson Women's Health Organization (2022)

Women Health Organisation, an abortion clinic challenged the law of Mississippi. They
considered the Mississippi abortion law to be regressive and authoritative as it allows the
option of abortion only up to 15 weeks. Supreme Court analysed the case and did several
rounds of debate and discussions only to deliver the most appalling decision. It overturned its
precedent and seized the constitutional right of abortion from American women.

8. US President Joe Biden signs order on abortion access, condemns SC's ruling

The order directs the government's health department to expand access to "medication
abortion" - pills prescribed to end pregnancies - and ensure women have access to emergency
medical care, family planning services and contraception. It also mentions protecting doctors,
women who travel for abortions and mobile abortion clinics at state borders.
But it offered few specifics and promises to have limited impact in practice, since U.S. states
can make laws restricting abortion and access to medication.

9. Conclusion