- The Indian government leaves no stone unturned in delving into the oft-repeated narrative about how the country is becoming increasingly aspirational aiming for bigger glories in the next few years. The exhortations of the Prime Minister about India becoming a developed nation by 2047 create an atmosphere of positive anticipation among the citizens who were brought up on the staple of India being perpetually on a developmental path. Undeniably, India as a country has progressed tremendously over the last few decades reaching the top five largest economies in the world. Most hearteningly, we are also set to become the top three economies in the world in the next few years. Of course, this tidying augurs well for the overall feel-good factor of the country.
PC: Bloomberg
- The moot point to ponder over here is whether the country has grown out of the patriarchal, misogynistic, and anachronistic mindset where the male dominion continues to rule the roost despite making tremendous progression all around. The answer is a big no since women are still subjected to play second fiddle to men on various matters even though talks of parity, equality, unbiased, and level-playing field keep the interested engaged. While society continues to be conservative in approach, women are also not independent in deciding their biological bodily functions, especially abortion rights, in India. Unfortunately, women are not at the center of abortion rights in India since courts and doctors decide the same. Why do so many women have to knock on court doors to terminate a pregnancy?
- As reported in newspapers, before getting into this, consider two examples of what happens when they do. This month, in disallowing a woman to abort her 26+ weeks pregnancy, Bombay HC said a medical board did not report fetal abnormalities. Also, this month, in accepting a woman’s plea to medically terminate her 30-week pregnancy, Delhi HC cited a medical board finding the fetus suffering abnormalities. This is the state of law and paternalism. Too often, whether a case goes a petitioner’s way or not depends on how much pity her position evinces – be it on account of rape, abandonment, or fetal abnormality. The last mentioned reflects a troubling eugenic mindset. Overall, a woman must overcome a formidable web of barriers to achieve her choice.
PC: The Print
- Where women’s rights are conditional, they can also be denied as granted. An arbitrariness prevails. On the one hand, there is the landmark nine-judge SC judgment that said the right to make reproductive choices is deduced from a woman’s fundamental right to privacy, dignity, and bodily integrity. On the other hand, there is the 1860 IPC provision criminalizing abortion, which BNS hasn’t bothered to update. Yes, the 1971 MTP Act carved out an exception to this, to enable medical practitioners to terminate pregnancies under certain conditions. But this is a very doctor-centric framework. Half a century on, different doctors and courts continue to use different benchmarks to permit or decline the termination of pregnancy. What about women’s rights?
