The lessons of the weaknesses of hard-fought freedom are all around us. Still, as backsliding happens, it’s like sliding down a cliff. A leaked draft opinion suggests the US Supreme Court is close to overturning its 1973 ruling Roe v. Wade, which gave American women the right to access abortion services and has since been in the crosshairs of a staunchly conservative campaign Is. It may not be the court’s final ruling, although the skewing of a bench packed with conservative judges suggests otherwise. The draft is worrying in various respects. There is no mention, it argues, of abortion in the US Constitution, a strange controversy since it came into force in the 18th century, long before American women had the right to vote. It claims that “the right to abortion is not deeply rooted in the history and traditions of the nation” and therefore the issue should be returned “to the elected representatives of the people”. Such arguments place the present ransom in a controversial past and jeopardize the fundamental freedoms of the individual (ironically, in the name of democracy). If upheld, it could cast a shadow on other freedoms—the right to use birth control or marry people of the same sex—that stem, such as Roe v. Wade, from the right to privacy and any express in the Constitution. Doesn’t get mentioned.
Most Americans are against overturning the 1973 ruling, as many opinion polls show. But a staunch “pro-life” campaign has led to a continued erosion of women’s reproductive rights in many states. About 12 Republican-ruled states passed anti-abortion laws last year; Most did not even give exemptions for rape or incest. One sought to punish doctors who perform abortions. Another barred women from buying abortion pills by mail. Wade’s firewall, it’s a nightmare for those who want to terminate a pregnancy medically. This number is unlikely to decrease. For, so much has been proven over and over again: the ban would not end abortion, only to land them underground with dangerous implications for women and their right to life. The blow will fall on women from marginalized groups and poor households. Unwanted pregnancies can push women out of the education and job markets—and into poverty. By granting religious rights, America is out of step with the rest of the world. A Catholic nation like Ireland voted to end its abortion ba in 2018. N. Most recently, Colombia decriminalized abortion up to 24 weeks; Mexico has also been relaxed. Closer to home, India has a far more progressive record on abortion. The Medical Termination of Pregnancy (MTP) Act was passed in 1971 as an exception to Section 312 of the Indian Penal Code that criminalized abortion. This allowed termination of pregnancy up to 20 weeks in a variety of situations: if it involved a risk to the mother or child; And if it results in sexual assault or contraceptive failure in the case of a married woman. Last year, the latter provision was extended to unmarried women even as it offered an MTP window of 24 weeks, provided it was signed-on by two doctors. While we certainly could do more – in particular, it is still not an inalienable right – it is not policy but the lack of health infrastructure that restricts women’s access.
In America’s polarized political arena, the Republican offensive on abortion has sought to rally a radical base of voters. Whatever the ruling, a lot will depend on the democratic will to regain that right. A country that calls itself the ‘leader of the free world’ cannot afford to lose such basic freedoms.