This article has been written by Pranay Dhakad from Alliance School of Law

Introduction

The legal landscape surrounding abortion varies significantly across the globe. In the USA, UK, and India, three diverse legal frameworks govern access to this reproductive right, reflecting the complex interplay between cultural values, religious beliefs, and legal interpretations. This article examines the key features of abortion laws in each country, highlighting areas of convergence and divergence, and proposes potential areas for further improvement.

Evolving Landscape of Abortion Laws

1. The United States of America:

In the USA, the landmark Supreme Court case Roe v. Wade (1973) established a constitutional right to abortion, balancing a woman’s right to privacy against the state’s interest in protecting potential life. This framework established a trimester system, allowing for varying levels of regulation depending on the stage of pregnancy.

However, the recent Dobbs v. Jackson Women’s Health Organization (2022) decision overturned Roe, leaving abortion policy in the hands of individual states. This has resulted in a patchwork of laws across the country, with several states enacting severe restrictions or outright bans on abortion.

Key legal provisions include:

• Roe v. Wade (1973): Established a constitutional right to abortion, balancing a woman’s right to privacy against the state’s interest in protecting potential life.
• Planned Parenthood v. Casey (1992): Reaffirmed Roe v. Wade but introduced the “undue burden” standard, allowing for regulations that do not impose an undue burden on a woman’s access to abortion.
• Dobbs v. Jackson Women’s Health Organization (2022): Overturned Roe v. Wade and Planned Parenthood v. Casey, leaving abortion policy to the discretion of individual states.

2. The United Kingdom:

The UK’s Abortion Act 1967 legalized abortion under certain conditions, including the need for two doctors’ approval and the requirement that the continuation of the pregnancy would cause risk to the woman’s life or physical or mental health. This framework allows for abortion up to 24 weeks of pregnancy, with exceptions in rare cases.

Key legal provisions include:

Abortion Act 1967: Legalized abortion under certain conditions, including the need for two doctors’ approval and the requirement that the continuation of the pregnancy would cause risk to the woman’s life or physical or mental health.

3. India:

Medical Termination of Pregnancy Act (MTP Act) of 1971 legalized abortion under specific circumstances, including the risk to the woman’s life or physical or mental health, socioeconomic reasons, and the pregnancy being a result of rape or incest. The MTP Act was amended in 2021 to extend the time limit for abortion to 24 weeks for special categories of women, including survivors of sexual assault and minors.

Key legal provisions include:

• Medical Termination of Pregnancy Act (MTP Act) 1971: This law legalized abortion under specific circumstances, including the risk to the woman’s life or physical or mental health, socioeconomic reasons, and the pregnancy being a result of rape or incest.
• Medical Termination of Pregnancy (Amendment) Act 2021: The amendment extended the time limit for abortion to 24 weeks for special categories of women.

Areas of Convergence and Divergence

All the three countries allow for abortion under certain circumstances, recognizing the woman’s right to reproductive autonomy. Each country has its own restrictions on access to abortion, based on factors such as the stage of pregnancy and the woman’s health or circumstances. The legal frameworks in the UK and India are more consistent than the USA, where individual states have significant autonomy in regulating abortion.

Suggestions for Further Improvement

• Ensuring access to safe and affordable abortion services for all women, regardless of their economic background or location.
• Providing comprehensive sex education to empower individuals to make informed decisions about their reproductive health.
• Tackling the stigma surrounding abortion and fostering open and respectful dialogue about reproductive rights.
• Investing in research and development of safe and effective abortion methods.
• Strengthening legal frameworks to ensure consistent and equitable access to abortion across all regions.

Conclusion

While the legal landscape surrounding abortion varies across the USA, UK, and India, all three countries acknowledge the importance of balancing a woman’s right to reproductive autonomy with the protection of potential life. Examining these diverse legal frameworks and considering potential improvements can contribute to advancing reproductive rights globally.

References

• Leslie J. Reagan, When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867-1973 (1997)
• Bonnie Burstow, Abortion: A History (2002)
• John Guillebaud, Contraception, Sterilization, and Abortion: A Guide for Health Professionals (2009)
• G.P. Singh, Law on Abortion in India (2019)
• Roe v. Wade, 410 U.S. 113 (1973)
• Planned Parenthood v. Casey, 505 U.S. 833 (1992)
• Dobbs v. Jackson Women’s Health Organization, 597 U.S. ___ (2022)
• Guttmacher Institute
• Abortion Act 1967
• British Pregnancy Advisory Service
• Marie Stopes UK
• Medical Termination of Pregnancy Act (MTP Act) 1971
• Medical Termination of Pregnancy (Amendment) Act 2021
• Centre for Reproductive Rights
• Family Planning Association of India