Skip to main content

Unwanted Pregnancies and Legality of Abortion

 

Written By: Falakdipti

The word ‘abortion’ derives from Latin words ab, which means ‘away’ and orior which means ‘to grow’. Hence, the term refers to the expulsion of the foetus from the mother’s womb before it reaches the stage of subsistence.[1] The word first emerged in the English language in the 16th century and was used to define both intentional and unintentional miscarriages. However, in the 19th century, the word got associated solely with intentionally induced termination of pregnancy.[2]

To what extent abortion should be permitted has always been a subject of debate on ethical, moral, medical, social and religious grounds. According to Scribonius Largus and Soranus, the Hippocratic oath forbade physicians from performing abortions.[3] However, it was in 1588 when abortion was declared an act of homicide by Pope Sixtus V and was hence banned. Ever since then the topic of abortion has become more controversial.

It was in 1920 when the Soviet Union became the first country in the modern world to legalise the act of intentional abortion to combat the increasing rate of deaths of women due to undergoing the procedure illegally.[4] The same was followed by several East European and Scandinavian countries. A few decades later China too legalised abortion in order to control its evergrowing population.

The Legality of Abortion Around the World

Currently, more than 15 countries such as Canada, The United States of America, France and Mongolia permit abortion at the request of the pregnant woman. About 125 countries have some restrictions imposed on their provisions. For example, India, Japan and Finland are few of the nations that allow abortions only when there is a risk to the mother’s life or health, the pregnancy occurred as a result of being raped, the foetus has a congenital disability(s) or when it may impact the person’s social status or economic stability. Only a handful of countries have banned the performance of medically induced abortion entirely: Laos, Democratic Republic of Congo, Senegal and Madagascar are a few of such countries.

Pro-Life vs Pro-Choice

In the western world, the debate surrounding the topic has divided the population into two groups: Pro-Life (who are against abortion) and Pro-Choice (who are in favour of abortion). While the people who align themselves with the former advocate legal protection of foetuses and support outlawing the laws concerning abortion[5], the latter believe that the pregnant woman should have the liberty to decide what she wants to do with her body.[6] The Pro-Life ideologists generally follow the ethics proposed by the Roman Catholic Church, which apart from abortion prohibits assisted suicide/ euthanasia, death penalty by the state and war as well (excluding some exceptions).[7] In the case of pro-choice, the supporters believe in a person having autonomy over his or her body and demand complete legalization of contraceptions such as oestrogen pills, voluntary celibacy, abortion and childbirth.[8]

Effects of Illegality of Abortion

The illegality of abortion on requests leads a person to take an unsafe route. According to the definition provided by the World Health Organisation, unsafe abortion can be defined as a procedure performed by a person who lacks the required skills or the surroundings to not comply with the common medical standards or both.[9] As per the information published by the WHO in the month of September last year, more than half of the abortion around the world are considered to be ‘unsafe’. Africa, which has the most countries where abortion is not legalised witnesses 75% unsafe abortions and the most reported deaths of females due to this procedure.[10]

Such abortions may cause chronic complications to the woman’s body. Health issues may include incomplete abortion in which parts of the conception (embryo/foetus) remain inside the female’s uterus[11], haemorrhage, which can be fatal in case swift treatment is not provided, perforation of the uterus which may happen with a sharp object piercing the uterine wall, damage to the genital tract and infections and sepsis.[12]

Coat hangers are one of the most common, and as one might guess, dangerous method of inducing an abortion by oneself. Hangers are not even clean, let alone sterile and hence not safe to put inside one's body, but circumstances force a person to make decisions that he may not prefer in presence of a better and accessible alternative. Although a hanger is narrow enough to sail through a pregnant woman’s cervical canal, it’s cuspidated and sharp ends may pierce through the cervical os, especially when the person performing the act lacks the knowledge of human reproductive anatomy. Even worse, the patient might perforate the uterus, the bowel or the uterine artery, in which case she can die due to blood loss without getting a chance to approach medical assistance.[13]

Steps to Prevent Unsafe Abortions

Women resort to unsafe abortions due to absence of safer alternatives. As stated previously, the illegality of abortion plays the biggest role in this issue. Research by the World Health Organisation found that almost all of the abortions performed illegally occurred in developing and underdeveloped countries irrespective of the status of their laws on abortion, therefore implying that unavailability of decent medical facilities is also a major contributor to the contemporary problem. Moreover, abortions in hospitals can be expensive in some places. Lastly, probably the most persistent and labyrinthine matter of contention is the social stigma surrounding the topic of abortion. Especially in the case of rape victims, unmarried couples and minor girls, society tends to follow a neanderthal mindset which leads the women to approach the illegal path to avoid judgment and social embarrassment.[14]

Methods to Prevent Unwanted Pregnancy

The situation of being in the state of getting an abortion can be avoided by using birth control properly. According to the Family Planning Association (United Kingdon), almost 90% of sexually active people made conceive a child in the dearth of contraception methods.[15]

Some of the methods are:

1.     Barrier Methods

As the name suggests, such contraceptives act as a barrier between the sperm and the egg, hence avoiding pregnancy and even STIs (Sexually Transmitted Diseases). With the effectiveness ranging from 75 to 90%, barrier methods such as male and female condoms, cervical cap and sponges are reliable ways to avoid conceiving a child.

2.     Hormonal Methods

Although they do not protect one against STIs, they act as a method to prevent chances of getting pregnant by altering the hormones and the ovulation cycle of a woman’s body. The most common type is contraceptive pills which have 95-99% effectiveness. They contain either progestin or a combination of progestin and oestrogen which fine-tune the menstrual cycle to diminish the chances of conceiving. Contraceptive injections or ‘shots’ also have a high rate of successfully working. However, one needs to get a dose every 12 weeks and the effects may last up to 10 months which may be considered a pro or a con depending on the person.

3.     Intra-Uterine Devices

Also known as IUDs, Intra-uterine devices are 99% effective. They are long term contraceptive devices that are put inside the uterus by a doctor. There are two kinds of IUDs. One is the hormonal device, which needs to be replaced every 5 years. Although the name might suggest that it works like a contraceptive pill, hormonal IUDs work by thickening the mucus in the cervical canal which prevents the sperm from reaching the ovum. The other is the copper-based device which uses a copper wire instead of hormones to kill the sperms entering the woman’s body and last for at least 10 years.[16]

Conclusion

It is evident that the illegality of abortion laws does not avoid the procedure from happening. If anything, it increases the risk of mortality and health issues to the mother and the child. There are instances where abortion is needed because the act of intercourse took place in instances where a woman was not in the state to consent either because of her age or her being a victim. This not only impacts her health but also her image in the eyes of society. . To ensure that rights of its citizens are protected, States all over the world should take measures to provide women with accessible birth control measures, gynaecological assistance and the right to have an abortion safely.


[1] The Editors of Encylopaedia Britannica, Abortion, ENCYCLOPAEDIA BRITANNICA (Feb. 10, 2021, 09:34 AM), https://www.britannica.com/science/abortion-pregnancy

[2] WALTER W. SKEAT, AN ETYMOLOGICAL DICTIONARY OF THE ENGLISH LANGUAGE 2 (Oxford University Press 1910)

[3] James Grout, Scribonius Largus and the Oath of Hippocrates, UNIVERSITY OF CHICAGO (Feb. 12, 2021, 12:55 PM), http://penelope.uchicago.edu/~grout/encyclopaedia_romana/aconite/largus.html

[4] Michael Haynes, Russia Became First Country to Legalize Abortion 100 Years Ago, Beginning Greatest Genocide in History, LIFESITE, November 16, 2020  https://www.lifesitenews.com/news/russia-became-first-country-to-legalize-abortion-100-years-ago-beginning-greatest-genocide-in-history

[5] Pro Life, THE FREE DICTIONARY (February 12, 9:09 AM) https://www.thefreedictionary.com/pro-life

[6] Pro Choice, CAMBRIDGE DICTIONARY (February 12, 9:10 AM) https://dictionary.cambridge.org/dictionary/english/pro-choice

[7] Tom Head, The Pro-Life vs Pro-Choice Debate, THOUGHT CO. (February 09, 2021, 6:52 PM) https://www.thoughtco.com/pro-life-vs-pro-choice-721108

[8] Tom Head, The Pro-Life vs Pro-Choice Debate, THOUGHT CO. (February 09, 2021, 6:52 PM) https://www.thoughtco.com/pro-life-vs-pro-choice-721108

[9] Obos Abortion Contributers, The Impact of Illegal Abortion, OUR BODIES OUR SELVES (February 10, 2021, 7:40 PM) https://www.ourbodiesourselves.org/book-excerpts/health-article/impact-of-illegal-abortion/

[10] Preventing Unsafe Abortion, WORLD HEALTH ORGANISATION (February 11, 2021 8:34 PM) https://www.who.int/news-room/fact-sheets/detail/preventing-unsafe-abortion

[11] Incomplete Abortion, THE FREE DICTIONARY (February 12, 9:09 AM) https://medical-dictionary.thefreedictionary.com/incomplete+abortion

[12] Obos Abortion Contributers, The Impact of Illegal Abortion, OUR BODIES OUR SELVES (February 10, 2021 7:40 PM) https://www.ourbodiesourselves.org/book-excerpts/health-article/impact-of-illegal-abortion/

[13] Dr Jen Gunter, Anatomy of a Coat Hanger Abortion, WORDPRESS (February 12, 2021, 5:21 AM) https://drjengunter.com/2013/07/13/anatomy-of-a-coat-hanger-abortion/

[14] Preventing Unsafe Abortion, WORLD HEALTH ORGANISATION (February 11, 2021, 8:34 PM) https://www.who.int/news-room/fact-sheets/detail/preventing-unsafe-abortion

[15] Jayne Leonard, 15 Ways to Prevent Pregnancy, MEDICAL NEWS TODAY (February 13, 2021, 1:45 AM) https://www.medicalnewstoday.com/articles/321558#_noHeaderPrefixedContent

[16] Jayne Leonard, 15 Ways to Prevent Pregnancy, MEDICAL NEWS TODAY (February 13, 2021, 1:45 AM) https://www.medicalnewstoday.com/articles/321558#_noHeaderPrefixedContent

Comments

Popular posts from this blog

Legality of Euthanasia

  Written By: Falakdipti People have access to medical assistance, but there are cases where it does not aid a person to deal with or overcome the pain and suffering one has to go through due to an ailment. In situations where a patient’s condition is deemed ‘hopeless’, and the person is experiencing emphatic mental and physical agony, euthanasia is seen as the only ray of hope.   The term Euthanasia, a noun, was coined the 1640s and comes from two Greek words- Eu, which means good, and Thanatos, which means death. [1] Therefore, euthanasia can be simply translated to ‘good death’. It is a practice of intentionally ending someone’s life to relieve them from pain and suffering, performed under medical supervision. Euthanasia is mainly of three types: [2] ·        Voluntary euthanasia, which is done with the consent of the patient and is legal in some countries ·        Involuntary euthanasia, which is conducted...

Terrorism as a Political Instrument

Written By: Falakdipti   Abstract Terrorism has existed since the old times, back when it was classified as an act against the monarch. Now, in the modern age, it is known as the use of violence to propagate religious and/or political ideologies. Usually, terrorism is associated with militant groups acting against a State, but governments also have the ability to engage in terrorism to use it for political and economic gain. The present paper aims to define terrorism and how it is used by States to establish dominance in the political world and its impact.   Keywords: state, government, militant, sponsor, terrorism   Introduction Terrorism is an act which involves unauthorised and illegal utilisation of deliberate violence in order to achieve political goals. [1] The term ‘terrorism’ originated in the 18 th century, during the French revolution. [2] According to the description by Nobel laureate Thomas Schelling, terrorism is the power to hurt in its purest...

Covid Hikikomori: Impact of Lockdown on Acute Social Withdrawal

  Written By: Falakdipti ABSTRACT Everyone wants to retreat from society and the world sometimes. However, some people find themselves isolated in their room for months, sometimes even years, only ever slipping out once in a blue moon. This phenomenon is known as Hikikomori, or Acute Social Withdrawal. When the COVID-19 pandemic caused most of the world to go into lockdown, the term found itself in the spotlight again. This research aims to define Hikikomori and its relation to the pandemic. Keywords: isolation, hikikomori, social, pandemic, withdrawal   INTRODUCTION Japanese is a language that has multifarious beautiful words. ‘ Wabi Sabi ’ means incomplete or imperfect beauty. ‘ Komorebi’ refers to the light that filters through trees and falls on the forest floor. There is another word however, that was coined by renowned psychologist Tamaki Saito in the year 1998 to describe the rising number of cases of social isolation amongst the youth in Japan, known as ‘ Hikikomori ’....

The Process of Elections in India (Lawsisto)

  Written By: Falakdipti An election is a process by which a population, usually of a democratic country, choose individuals and political parties that would represent them and hold a public office. Although the concept of election is quite ancient, elections in the contemporary world emerged at the beginning of the 17th century in Europe and North America. The first general election in India was held from October of 1951 to February of 1952.  The type of election process we follow in India is called the First Past The Post system, better known as the FPTP system or the majority system. The candidate who has the highest number of votes is declared the winner. This system is used in the Lok Sabha and the State legislative assembly elections. The Rajya Sabha follows the Proportional Representation system. This system is pretty complicated which is why the countries that follow this system usually only have a few constituencies. It may work in small countries but in India where m...

Contribution of Racism to Generational Trauma

  Written By: Falakdipti ABSTRACT Racism is a belief that has been around for many centuries and has affected people negatively all around the world. The victims of this bane to society are the People of Colour (PoCs). Many a time the trauma and grief inflicted due to racism can be passed from generation to generation. The issue of racism is rarely a topic of discussion, especially in second and third world countries since they either consist of predominantly one race or the majority of the population is ignorant about the topic. The present study is an attempt to bring forth the issue of racism, how it impacts those affected by it, and how it causes generational trauma and psychological disorders.   Keywords : generational, issues, racism, trauma   INTRODUCTION Kamala Harris got elected as the vice president of the United States of America after the democrat party won the 2020 US presidential race. She became the first woman of colour to achieve this feat in ...

Ableism in Capitalism

Written By: Falakdipti Keywords :  Ableism, capitalism, differently-abled people, disabilities, discrimination, people with disabilities, profit, society INTRODUCTION The privilege of being able-bodied is often something that most people take for granted. Persons with mental and physical disabilities face struggles on a daily basis, including discrimination at the workplace. This ranges from recruitment to their experience in a professional set-up. In a majorly capitalist world, where productivity is given more priority than the welfare of the people involved in the process, differently-abled people are often excluded, or treated improperly as they are considered to be a hindrance in the course of making a profit. This paper is concerned with elaborating the problems that such people face, why they deserve equal opportunities and how they can be included in a capitalist environment.   BASIC CONCEPTS Ableism is a term used to define the social prejudice and discriminati...

Case Comment: Krell v Henry

  Written By: Falakdipti Forum Court of Appeal Case Krell v Henry [1903] 2 KB 740 Decided 1903 Rule of Law A party’s duties are discharged where a party’s purpose is frustrated without fault by the occurrence of an event, which the non-occurrence of which was a basic assumption on which the contract was made.     INTRODUCTION Krell v Henry [1] is an important case and a necessary judgement for law students and practitioners to understand the Doctrine of Frustration, which comes under section 56 [2] of The Indian Contract Act, 1872 (agreement to do impossible act). It is an English case and one of the group of cases known as the “coronation cases” [3] which emerged from occasions encompassing the crowning ceremony of King Edward VII and Queen Alexandra in 1902.   BACKGROUND In this case the plaintiff was Paul Krell and the defendant was C.S. Henry. Bot...

Understanding ‘Real’ Secularism: Study of Pseudo-Secularism in Indian Context

Written By: Falakdipti Abstract Secularism is a term that can be interpreted in multifarious ways by various people. Although it is a modern concept, its roots lie in the philosophies of ancient civilisations. The idea of secularism was introduced in India during the British Raj as a tool to suppress the quest for independence by making the predominately Hindu Indian National Congress prioritise and address concerns of the minorities (Muslims), which then gradually led to India adapting into a type of secularism different from most of the countries. Moreover, a few Indian political leaders acted as catalysts to further establish the idea into the constitution and our governing system. The word has become a means to normalise and justify Hinduphobia, which goes against what secularism strives for. The country every day faces instances where the authorities of the nation execute minority favouritism under the garb of secularism. This paper aims to address the characteristics of neo-secul...

New Farm Bills and Its Impact on Income and Status of Farmers

Written By: Falakdipti The Indian Agriculture Acts of 2020 are three acts of September 2020 that seek to build an environment in which farmers and traders can enjoy the right to choose between the selling and purchasing of agro-products and encourage inter and intra-state trade and commerce beyond the physical premises of the markets informed by State Agricultural Produce Marketing legislations. The three bills which have been passed are the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill and Essential Commodities (Amendment) Bill. According to the Centre, these bills would completely change the agriculture sector for good and also raise farmers’ incomes. The government also reckoned that their income would double by 2022 and the farmers will have the liberty to fetch a better price for their produce by becoming independent of government-controlled markets. Moreover, th...