Abortion: Pro Life vs.
Pro Choice
Author- Shakti Divyansh
Abstract
This paper conducts a comparative analysis of abortion laws, exploring the associated
stereotypes linked to pro-choice and pro-life perspectives. It delves into recent court
decisions on pregnancy termination, examining their implications and reflecting on the
overarching goal of human rights. By dissecting societal attitudes, normative beliefs, and
legal frameworks, the study unveils the complex interplay between legislation and public
perception. Emphasizing a broader understanding of reproductive rights, the research
elucidates how recent legal developments shape the evolving landscape. The primary focus
remains on the intersection of abortion laws with the fundamental principles of human rights,
contributing to a nuanced discourse that transcends the dichotomy of pro-choice and pro-life
ideologies.
Introduction
In the legal regulation of abortion, temporal concepts like viability, temporal measurements
like gestational age, and temporal categories like trimesters play a major role. Time, however,
is a dimension of abortion and human rights that is comparatively undertheorized. In their
guidelines for safe abortion practices, the World Health Organization (WHO) characterises
mandatory wait times and gestational limits as access barriers that raise human rights issues.
Additionally, international human rights law mandates state obligations to guard against
needless administrative delays and generally acknowledges timeliness as a component of
access. Though beyond access, the duration of abortion law is a factor in many human rights
disputes. The prosecution of women for later-stage, frequently self-induced abortions is one
of the most urgent. These cases examine the boundary between abortion and homicide,
wherein fetal remains are crucial pieces of evidence in legal proceedings and public
discourse.
Human rights organizations have made it abundantly clear why abortion needs to be
legalized. Ensuring that women's access to health care and other essential human rights is in
line with human rights norms is part of the state's obligation to eradicate discrimination
against [Link] majority of nations in the globe allow abortion under specific conditions.
Only a few nations have outright prohibited abortion. In certain states, abortion is strictly
prohibited; however, there is typically an exemption if the procedure is necessary to save a
woman's life or in situations involving rape, incest, or fetal disability. Most nations permit the
practice either without restrictions or with limitations that take into account the lady's
physical and mental health as well as social or economic factors related to her circumstances
as a pregnant woman.
The World Health Organization (WHO) reported that approximately 73 million induced
abortions occur annually worldwide. Three out of ten pregnancies (29%) and six out of ten
(61%) of all unintended pregnancies result in an induced abortion. “97% of unsafe abortions
are performed in developing nations. In Asia, over 50% of unsafe abortions take place, with
the majority taking place in south and central Asia. Approximately three out of every four
abortions performed in Latin America and Africa are unsafe”.1
Abortion is often referred to by the terms pro-choice and pro-life. The argument put forth by
pro-choice activists is that an individual's constitutional right to privacy includes the ability to
terminate an unborn child, and that the decision to do so rests with the mother and her
physician. On the other hand, pro-life activists argue that since a foetus is a living being at the
time of conception, abortion ought to be illegal in order to protect the unborn child's life.
Background
The backdrop of birth control throughout history is complex. The terrible effects of the
plague caused a sharp drop in population in medieval Europe. St. Augustine's condemnation
of contraception suggests that the necessity of laborers to cultivate the land influenced
societal perspectives and may have strengthened opposition to contraception. Let's fast-
forward to the 1700s, when condoms made from animal membranes and sold in London
became a topic of open discussion. Reverend Thomas Malthus addressed population growth
at the same time as he raised concerns about food scarcity and poverty. Malthus opposed
1
World Health Organization, [Link] (last
visited Nov 5, 2023)
birth control, but his important work unintentionally shaped the conversation about
contraception and future attitudes toward population control.
Pregnancy has many different meanings that vary depending on a number of variables. A
woman's perspective on motherhood and family planning is shaped by her age, the
circumstances of her community, her financial situation, her cultural background, and the
passage of time. For instance, very young women may place a higher priority on their
education and career goals than on starting a family, whereas more mature, stable women
may have different preferences. Cultural influences also have a big impact; in the West,
career goals are frequently prioritized over family planning, whereas in the East, family focus
is typically encouraged. For instance, very young women might put their career and
educational aspirations ahead of starting a family, but more mature, stable women might have
different preferences. Cultural factors are also important; in Eastern cultures, family focus is
traditionally encouraged, but in Western cultures, career goals are frequently prioritized over
family planning.2
The Roe v. Wade 3case decided by the US Supreme Court in 1973 marked a turning point. A
woman's right to choose whether or not to have an abortion was upheld in this historic ruling,
which cited constitutional rights to privacy. But it also established a trimester framework for
regulation, acknowledging the state's interest in safeguarding potential life.
Since then, the pro-life movement has emphasized the sanctity of unborn life and worked to
overturn or limit Roe v. Wade. Pro-choice activists contend that a woman should have control
over her body and have access to safe and authorized abortion procedures. The global
environment is extremely diverse, with many nations embracing various legal systems and
cultural perspectives on abortion, guaranteeing that the discussion about this complex and
multidimensional topic will always be ongoing.
The Pro-Choice Perspective
Pro-choice advocates believe that a woman should have the freedom to make decisions about
her own body, including whether or not to end a pregnancy. The pro-choice movement
emphasises women's autonomy, bodily autonomy, and right to make their own reproductive
decisions as they fight for legal access to safe and affordable abortion services. A cornerstone
2
Raquel Lopez, Perspective on Abortion: Pro-choice, Pro-life, and What lies in between, Vol.27 No.4,
European Journal of Social Science, pp.511-517, 512 (2012)
3
Roe vs Wade, 410U.S. 113 (1973)
of the pro-choice movement is the support of a woman's right to make choices based on her
particular circumstances, including health problems, financial limitations, or personal
[Link] order to enable women to make knowledgeable decisions about their
reproductive health, advocates frequently stress the significance of accessible contraception,
comprehensive sex education, and reproductive healthcare. In general, pro-choice advocates
place a higher priority on defending women's rights and bodily autonomy when making
reproductive decisions.
Access to safe and Legal abortion services- United nation human rights Committee is aware
that one of the main causes of maternal morbidity and death is unsafe [Link] supports
legalizing abortion, at least when it comes to cases of rape, incest, dangers to the life or health
of the expectant mother or girls, and grave impairment of the fetus. It has pleaded with States
parties to the CEDAW Convention time and again to do away with sanctions against women
who get abortions.4
Reducing maternal mortality rates, preventing teenage and undesired pregnancies, and
ensuring women's autonomy over their bodies are all made possible by access to safe, legal
abortions and high-quality post-abortion care, particularly in cases of complications from
unsafe abortions. The High Commissioner for Human Rights, Michelle Bachelet, stated that
"access to reproductive rights is at the core of women and girls' autonomy, and ability to
make their own choices about their bodies and lives, free of discrimination, violence, and
coercion." In this context, the Committee supports this statement.
Comprehensive Sex education-The pro choice advocates often supports the comprehensive
sex education programs, believing that informed decision making about contraception and
reproductive health is crucial in preventing unintended pregnancies. “University of
Washington researchers discovered that teenagers who receive comprehensive sex education
have a significantly lower chance of getting pregnant than those who receive no formal sex
education or abstinence-only until marriage”. Based on a nationwide survey of 1,719
teenagers between the ages of 15 and 19, the study is the first to assess the efficacy of
comprehensive and abstinence-only sex education programs at the population level. The
outcomes hold great promise for all-encompassing sex education.5
4
United Nations Human Rights, [Link]
legal-abortion-urgent-call-united-states-adhere-womens-rights (last visited Nov. 7, 2023)
The rise in abortions in Georgia calls attention to a serious public health issue and
emphasizes the need for practical solutions to end unintended pregnancies. Comprehensive
sex education clearly has a positive effect because research continuously demonstrates that
educating people about birth control options and availability can help prevent unwanted
pregnancies. One notable initiative is the launch of the FLASH program in the Macon-Bibb
counties. This program, which was created in King County, Washington, has proven
successful over the past 20 years. During the last ten years, there has been a noteworthy 62%
decline in the rate of teen pregnancies. This emphasizes how evidence-based sex education
programs can have a positive impact on community reproductive health outcomes.6
Legal Protection- Over the past six months, states in the Midwest, the South, and the Plains
have all outlawed abortion or severely limited access to care, which has resulted in a
significant shift in the country's abortion laws. In the meantime, the greatest number of
abortion protections ever passed in a single year-77-have been passed by states, primarily in
the Northeast and West Coast. Limiting access to abortion affects people living in the state in
question as well as states where abortion is legal. These states experience longer wait times
for appointments, fuller clinics, and patient delays as a result of these restrictions. Bans and
restrictions raise the expenses and practical difficulties that many people already faced when
trying to access abortion care, particularly those from low-income backgrounds and people of
colour. This was the case even before Roe v. Wade was overturned.7
In the case of Dobbs v. Jackson 8Women's Health Organization, which involved a challenge
to a, the Supreme Court rendered a decision on June 24, 2022. Abortion is prohibited in
5
ACLU,[Link]
education-reduces-teen-pregnancy (last visited Nov. 7, 2023)
6
Lindsay Moore Murphy, To decrease abortions, comprehensive sex education, not
heartbeat bills is the answer, The Augusta Chronicle (Nov. 8, 2023, 10:15 A.M.)
[Link]
choice-sex-education-can-reduce-abortions/6653945001/
7
Elizabeth Nash, Eight Ways State Policymakers Can Protect and Expand Abortion Rights and
Access in 2023, Guttmacher Institute, (Nov. 8, 2023, 8:30 P.M.)
[Link]
abortion-rights-and-access-2023
8
Dobbs vs Jackson, No. 19-1392,597 U.S._(2022)
Mississippi until 15 weeks of pregnancy. The federal constitutional right to an abortion in the
United States was terminated when the Roe decision was overturned. “Overturning Roe v.
Wade was unpopular and politically toxic for anti-abortion politicians. 85% of American
believe that abortion should be legal. Regardless of age, background, or education level, the
majority of people supported Roe before it was overturned”. 9
Many countries came forward to regulate access to abortion, which also has legal standing.
For instance, rulings from higher courts, such as those in India (2016), the United States
(1973, 2016), Canada (1988), Colombia (2006), and Brazil (2012), as well as supreme courts
in those countries extending the 20-week limit for individual women seeking abortions;
customary or religious law, such as interpretations of Muslim law permitting abortions for up
to 120 days in Tunisia and the United Arab Emirates but prohibiting them altogether in other
majority Muslim countries; regulations necessitating health professionals to maintain
confidentiality while simultaneously requiring them to report any criminal acts they may
become aware of, for example, while treating complications arising from unsafe abortion
practices.“The legal framework may be supplemented by clinical and other regulatory
standards and guidelines that control the provision of abortions, such as reporting
requirements, disciplinary actions, parental or spouse consent, and limitations on the types of
health professionals who can perform abortions, where they can be performed, who can
approve them, and how they can be performed”.10
The Pro-Life Perspective
The sanctity of human life is upheld by those who support life who argue that a fetus has
intrinsic worth and a right to life. Advocates for life generally hold that since life begins at
conception, abortion is an unethical and morally repugnant method of ending a pregnancy.
Moral and religious perspectives are the two main approaches to pro-life activism. While
9
Roe v. Wade Overturned: How the Supreme Court Let Politicians Outlaw Abortion
[Link] (last visited Nov. 8,
2023)
Marge Berer, Abortion Law and Policy Around the World, v.19(1), National library of
10
Medicine 13-27, (2017)
these perspectives occasionally overlap, they will be discussed separately for the purposes of
this discussion. Given that it embraces the belief in a supernatural, all-powerful entity, the
religious perspective has very little room for debate. In fact, there is surprisingly little
literature that addresses the arguments made by religion. However, there is a wealth of
literature addressing the ethical and moral discourse surrounding abortion. Authors who
support life sometimes compare the pro-choice viewpoint to being unduly individualistic,
drawing comparisons between the choice of ice cream flavors and whether or not to have an
abortion. The purpose of this comparison is to support their claim that pro-choice activists
disregard the intrinsic value of unborn life in favor of individual preferences and
convenience. It presents the choice to have an abortion as one of personal taste rather than a
moral one based on the value of human life. The story illustrates the more significant ethical
and philosophical distinctions between the two viewpoints on the intricate problem of
abortion.
Alternative To Abortion- There are many different options that address the complications of
unplanned pregnancies, and these options are discussed in relation to alternatives to abortion.
Choices that protect the unborn child's potential life while taking the expectant mother's
wellbeing into account are frequently highlighted by proponents of abortion alternatives.
Adoption is a well-known substitute that gives pregnant women the option to choose life for
their unborn child while giving the child's upbringing to adoptive parents. Through adoption,
women can carry on with their lives without having to deal with the demands of parenthood
right away, giving the child the chance to grow up in a happy, loving family.
Furthermore important are resources and support systems. Proponents of non-abortion
alternatives emphasize how crucial it is to support these networks in order to give women the
tools they need to successfully navigate the obstacles of pregnancy and parenthood. This is to
help ease the practical concerns that may cause someone to consider having an abortion. It
includes financial aid, access to healthcare, and counseling services.
In addition, promoting an atmosphere where women feel supported in their decisions
involves cultivating a culture of candor and understanding regarding unintended pregnancies.
The stigma attached to unintended pregnancies can be significantly reduced by communities,
families, and healthcare professionals by making sure that women receive the emotional and
social support they require to make decisions that are consistent with their values.
Abortion alternatives are essentially a range of choices that value life, such as adoption,
strong support networks, education, or de-stigmatizing the difficulties associated with
unwanted pregnancies. These options aim to address the difficulties associated with
reproductive choices while upholding the sanctity of human life by providing meaningful
options.
Maternity Health- For a pro-life advocate, comprehending the significance of maternal
health is essential to having a comprehensive grasp of the intricacies associated with
pregnancy. the necessity of safeguarding the expectant mother as well as the fetus. A pro-life
position that values the lives and health of both parties is consistent with the idea that putting
maternal health first ensures the wellbeing of the woman carrying the child.
To reduce possible risks during pregnancy, it is proactive to identify and address maternal
health concerns. Pro-lifers help foster a culture where the health and safety of the mother and
the unborn child are given first priority by pushing for universal healthcare.
It is reasonable to say that no topic in the realm of health, and possibly even in public
discourse more broadly, causes more controversy globally than abortion, and that no topic is
also less likely to be resolved in the near future. Some people firmly believe that life begins at
fertilization or implantation and that any action taken to end a pregnancy after that point
constitutes murder. On the other hand, there are equally passionate people who think that
women should have the final say over whether or not to carry a pregnancy to term, or at least
through the first or second trimester.
There is no compromise between these two deeply held beliefs, with the possible exception
of better preventing unintended pregnancies (although even in this case, there exists a subset
of anti-abortion activists who are also anti-modern contraceptive users). Thus, in places
where abortion is legal, opponents of the practice will continue to vigorously advocate for its
outlawation (as is the case in the US), and pro-choice activists will continue to push for
legislative changes in places where abortion is prohibited.
But regardless of the legal, cultural, or religious implications of abortion, women who choose
not to become pregnant will do whatever it takes to get the pregnancy to end. Therefore, the
real question should be whether abortion is safe or unsafe, which is usually equivalent to
whether it is legal. However, access to safe abortion practices is equally vital even in states
where the practice is permitted. For instance, access is a significant issue in many regions of
India, meaning that most Indian women continue to undergo risky procedures performed by
untrained personnel.11
11
P.S. Bernstein, A. Rosenfield, Abortion and maternal health, Vol. 63 S. 1,
International Journal of Gynecology & Obstetrics, S115-S122, (1998)
Role of Religions- Many pro-lifers deride abortion as being inconsistent with their moral and
ethical teachings, basing their position primarily on religious convictions.
American jewish committee, 1989- The decision to have an abortion is a very personal and
complicated one that involves deep moral and religious considerations that the government
cannot and should not try to address for every single person. Furthermore, due to the
particular psychological, emotional, and physical effects on a pregnant woman and her
family, the decision to end a pregnancy must be kept [Link] following principle(s)
has/have been adopted by AJC to direct our work regarding reproductive rights: Pregnant
women have the freedom to choose whether to end or carry on their pregnancy without
interference from others or limitations on their ability to get an abortion.
-Reorganized church of Jesus Christ of Latter Day Saints, 1974 (reaffirmed 1980) We declare
that being a parent is a collaboration with God in the universe's creative processes.
We maintain that parents must exercise responsible judgment when it comes to the
conception and upbringing of their offspring. We affirm a deep respect and care for the
potential of the unborn fetus, as well as a profound regard for the personhood of the woman
in her physical, mental, and emotional well-being. We uphold the insufficiency of
oversimplified responses that either view abortion as a medical procedure devoid of moral
significance or, conversely, regard all abortions as murder.12
Hinduism- Hinduism is a non-dogmatic "religion," so it does not expressly prohibit abortion.
However, it considers abortion to be both "himsa" (violence) and "hatya" (murder). Abortion
is only permitted in Hinduism when it is absolutely necessary to preserve the mother's life or
health. "Abortion was carried out in Ayurveda and other Hindu indigenous medical systems' '
when it was essential for the health of the expectant mother, according to Prof. Nagaraj Paturi
of the Indic Academy. From a linguistic perspective, the Sanskrit language related to abortion
accurately conveys the Hindu viewpoint on the matter. Most Indian languages also use the
Sanskrit terms for abortion, garbhahatya (pregnancy killing) and bhroonhatya (foetus
murder). These words allude to an agency present in the activity. However, the non-volitional
terms for pregnancy are samsara and garbhasrava.13
12
Northland Family Planning Centre, [Link]
concerns , (last visited on Nov. 9, 2023)
13
Avatans Kumar, A Hindu View on Abortion, Indian Currents (Nov. 10, 2023, 9:29 P.M.),
[Link]
Abortion Law in India
In India, abortion was prohibited until the 1960s. A woman who attempted to abort her fetus
could be sentenced to three years in prison and/or a fine under Section 312 of the Indian
Penal Code, 1860, unless the procedure was performed in good faith to save the mother's life.
The Shantilal Shah Committee was established by the government in the middle of the 1960s
to investigate whether India required a law to control abortions. In August 1971, Parliament
passed a medical termination bill based on the Committee's report. The law's name, the
Medical Termination of Pregnancy (MTP) Act, 1971, was purposefully chosen to allay any
ethical or religious concerns and provide medical justification for allowing such operations. 14
Subsequently, the act was amended to emphasize how India's abortion laws are changing.
Efforts to address a variety of situations are evident in the addition of medical abortion pills
and the raising of the abortion limit to 24 weeks for certain situations, such as rape or incest
survivors. The lack of a maximum gestation age for abortions in situations of fetal
impairment, which is contingent upon approval from a medical board, also represents a
nuanced perspective on women's healthcare and reproductive rights. It's critical to keep up
with any new developments or adjustments in legislation. With improvements in medical
science, the Medical Termination of Pregnancy Act of 1971 was created to allow for safer
abortions. Although it gave women access to safe, skilled procedures, doctors continued to
have the majority of the decision-making authority. Although women's constitutional right to
choose their reproductive options has been recognized by law, as demonstrated by the
Puttaswamy case in 2017, there has been little change in the power dynamics between
doctors and women seeking abortions.
The 2021 amendment to the Medical Termination of Pregnancy Act expands access to safe
and authorised abortion services by permitting terminations for a variety of reasons up to 20
14
Vageshwari Deswal, Changing dimensions of law relating to abortion in India, The Times Of
India (Nov. 10, 2023, 10:45 P.M.)
[Link]
relating-to-abortion-in-india/
weeks in length. When a contraceptive method fails, the pregnant person over the age of 18,
married or single, must give consent for the procedure. The goal is to make comprehensive
care accessible to everyone. It is necessary to obtain written consent from the guardian of
minors or mentally ill individuals. Terminations may only be carried out by registered
medical professionals who are licensed under the Act, and they must take place in a hospital
that has been designated by the government or another authorized site.
A recent case regarding pregnancy termination of a 26 week pregnant women was heard by
Supreme Court of India.
Poonam Sharma Vs. Union of India & Anr Writ petition (civil) No.1137/2023
Facts of the case- A 27-year-old mother of two, facing postpartum depression, petitioned the
Supreme Court to terminate her unplanned pregnancy at 20 weeks. Her husband, the sole
provider for an extended family, led to financial strain. After multiple rejections from
healthcare providers, she sought legal permission under the Medical Termination of
Pregnancy Act on October 4, 2023, citing mental health concerns and a suicide [Link]
October 5, 2023, a two-judge bench granted abortion permission to a petitioner. “A Medical
Board member raised concerns about foetal viability. The Union of India sought order to
recall, leading to the case being referred back to the Medical Board by a three-judge Supreme
Court bench”. The petitioner went to the Supreme Court because she felt that her autonomy
was not being respected by healthcare providers, even though she was within the legal
window for an abortion. Contrary to the courts' previous emphasis on avoiding needless
delays for those facing unwanted pregnancies, the reliance on court and medical board
authorization can result in delays. 15
The case prompts a question: Why can't an unwanted pregnancy be terminated at 26 weeks,
similar to cases involving foetal anomalies after 24 weeks, especially when it significantly
impacts the mental health of the pregnant person? Is gestation period an arbitrary criterion for
determining abortion eligibility?
15
Dipika Jain, Her body, her choice: Why a woman’s right to terminate her pregnancy must be upheld,
The Indian Express (Nov. 11, 2023, 6:30 P.M.), [Link]
her-choice-woman-terminate-pregnancy-upheld-8983912/
Decision- The decision of a married woman to terminate her 26-week pregnancy and the
Center's determination to save the "unborn child" divided the views of a Division Bench of
two female Supreme Court judges on Wednesday. Justices Hima Kohli and B.V. Nagarathna
were unable to come to a consensus, so they ultimately referred the case to the Chief Justice
of India, who will assemble a three-judge bench.
“Today, on October 16, 2023, the Supreme Court denied a married woman's request to
terminate her third pregnancy, which had progressed past 26 weeks, on the grounds that she
was experiencing postpartum psychosis following her September 2022 delivery. CJI DY
Chandrachud was among the bench members who approved the order”.16
The court further stated that, One factor that leads to preventable pregnancies is a lack of
knowledge about family planning. To combat such ignorance, the court recommends that the
central and state governments support programs for family planning, maternal health, and
child welfare. Due to the petitioner's lack of knowledge regarding family planning
procedures, the case highlights the necessity for greater public outreach regarding these
initiatives. The Court recognizes the prevailing patriarchal mentality and the wish for a male
heir, frequently undervaluing the importance of a female child. Critics point to this mindset as
being connected to female infanticide.
Conclusion
There is a crucial distinction between pro-life and pro-choice viewpoints highlights the
complexity surrounding a woman's right to choose in the ongoing debate over abortion.
Although the topic is sensitive, it is important to understand that abortion is not intrinsically
bad; rather, it should not jeopardize a woman's physical and mental health. The recent ruling
by the esteemed Supreme Court appropriately highlights the significance of taking into
16
Padmakshi Sharma, ‘No Immediate Threat To Mother's Life; No Foetal Abnormality' :
Supreme Court Rejects Married Woman's Plea To Abort 26-Week Pregnancy Padmakshi
Sharma, Livelaw, (Nov. 13, 2023, 12:25 A.M.)
[Link]
240265
account a woman's mental and physical well-being while honouring her right to autonomy
when determining whether to carry on with a pregnancy.
The pro-choice position places emphasis on the worth of the current human being—the
woman who may experience difficulties or abnormalities. It highlights the importance of her
readiness to accept motherhood and affirms her right to make her own decisions. When
dealing with postpartum complications or other health issues, the decision to end a pregnancy
becomes extremely personal. It is crucial to emphasise that the woman's health comes before
the viability of the foetus.
To sum up, the recent ruling deserves praise for acknowledging the complexity of
reproductive options and their effects on a woman's life. The idea that a woman's physical
and mental health comes before a viable foetus must be reinforced by striking a balance
between upholding the sanctity of life and honouring her autonomy.
