I’m now a regular contributor at Ultraviolet, the only (and possibly first) Indian feminist collablog. This post was cross-posted there, so comments are off here.
Not all of us may agree on whether or not abortion is ethical. Some may feel that it is sinful, but a subjective choice nonetheless. Others may approve in theory but with a dose of “abortion guilt”, to use Naomi Wolf’s term. Still others, I realise, may condemn it altogether. But wherever we stand personally on this spectrum of opinion, the fact that abortion (legal or not) is inevitable in any society should be regarded as the foundation of one’s argument. And as feminists, a certain understanding that real women’s lives hang in the balance between ideologies is a must. Simply put, in the absence of safe and legal abortions, hundreds of thousands of women a year would die or suffer bodily harm as a result of unsafe, illegal ones.
Recently, many American feminists celebrated the 35th anniversary of Roe vs. Wade, the landmark case that led to the overturning of all laws in the United States that restricted or banned abortion. The new decision came into effect on January 22nd 1973, continues to be a heatedly-argued statute, and has come under threat since. (Do look up Cecilia Fire Thunder for a great example of feminist courage under fire in this issue).
Here in India, the Medical Termination of Pregnancy Act was enacted in 1971, came into force the following year, and was revised in 1975. Because the law also provides for abortion in the event of contraceptive failure, all pregnancies –- not just those that endanger the health of mother or foetus, or resulting from rape –- can be terminated legally. Technically, any woman above the age of 18 can have an abortion with nobody’s consent but her own and her doctor’s.
When I came across this fact, I was thrilled by how sex-positive and decidedly unpatriarchal it is, and how lucky we are that it is so — but only for a moment. Like several of our laws designed to directly impact the lives of women in ostensibly positive ways, what is real on paper is not nearly as effective in practice. As with laws forbidding dowry or prenatal sex testing, or encouraging panchayat inclusion or girls’ education, such democratic protection when it comes to reproductive rights is not something that translates to the reality of the majority of Indian women’s lives.