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Invisible Women by Ahilya Mehta: Whose decision is it anyway?
Abortion is not a want as much as a circumstantial need. The least society can do for us is make access to it easier
Abortion, like consent, is something I always believed to be a personal choice. It is a freedom I have grown up with, and perhaps, taken for granted. In July 2022, while following the US Supreme Court ruling that overturned Roe v. Wade, I watched abortion morph from a freedom to a political and legal issue. Research shows that one in four women in America opted for an abortion before the age of 45 years. Alas, their reproductive right is threatened as the US Supreme Court undermines women’s agency over their bodies by rescinding this law.
Roe v. Wade, the case that made abortion a legal right, was passed into law in 1973. According to Roe, women could opt for abortion up to the point of foetal viability. This meant that women had up to 28 weeks—or seven months—to decide whether they wanted an abortion. The current Supreme Court’s ruling has dismantled this 50-year-old landmark decision.
Body of argument
The consequences of this monumental ruling have been swift and dire. At least 13 states have passed laws restricting abortion. Georgia, for instance, has banned abortion at about six weeks of pregnancy. Most women do not know they are pregnant so early. This leaves women with two options: expensive, out-of-state abortion or childbirth. The latter increases the risk of death for women 14x. I wonder whether the US Supreme Court factored for women’s lives when deprioritising abortion. Worse yet, did they wish for a child to be born into a family where they are not wanted nor loved?
Nevertheless, women are fighting back, and that is why I chose this topic. In the most recent midterm elections, women have come out in support of Democratic candidates in favour of protecting freedom of choice. In five states where abortion was on the ballot, female votes, irrespective of their political beliefs, came together to protect their access. Democrats may not have won the midterms, but this should serve as a reminder that a woman’s body, and how it is handled, is her decision alone.
This is why I was pleasantly surprised when I read about the Indian Supreme Court’s ruling on abortion just a few weeks after the overturning of Roe v. Wade. The ruling said that all women, including unmarried women and persons other than cisgender women, had equal rights to abortion. In a country with 73 million single women, this is a historic decision. One that moves us in the right direction.
The respectful choice
While abortion has been legal in India since 1971, it was a very convoluted process for unmarried women. This policy change is a good first step. However, now the focus must be on access and implementation.
Women’s ability to access healthcare in India, in general, is poor. The National Family Health Survey (NHFS) found that 66.5 per cent of women reported at least one problem accessing healthcare in India. Approximately 51 per cent of women are not allowed to go to a healthcare facility on their own. The NHFS even compared what percentage of men vs. women could take independent healthcare decisions (15-49 years), with women at 10.1 per cent compared to 33.3 per cent of men. Unfortunately, access to basic healthcare is not the only issue for women seeking an abortion.
Our society condemns pre-marital sex. A child born outside wedlock is an even bigger taboo in India. In these circumstances, having access to good, safe, and private healthcare seems like a basic need, because abortion is not an easy journey, even when it is not coupled with other hardships. There are physical and mental ramifications women suffer when choosing abortion. Unfortunately, women’s wants are often deprioritised.
However, abortion is not a want as much as a circumstantial need. The least society can do for us is make access to it easier. Consequently, the Indian Supreme Court deserves gratitude and respect for its decision in the face of global turmoil surrounding this issue.
Ahilya Mehta, 27, is an entrepreneur-in-residence at Nua, former co-founder of Aara Health, and has been in women’s wellness for three years.
From HT Brunch, December 3, 2022
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