ABSTRACT Abortion is health care and health care is a human right. Around the world, there are ambivalent opinions about abortion. The purpose of this article is to shed light on women's human and legal rights in India concerning abortion and provide a global perspective on abortion law and regulations. Women's abortion rights are a hotly debated topic all over the world, especially following the leaked draft from the US Supreme Court which may overturn the Roe v. Wade case. Abortion laws should be structured in such a way that they are intuitive, impregnable to women's requests, and universally accepted. However, the road to reform the law on abortion is arduous and winding. Legal experts, parliamentarians, government, medical professionals, and official bodies can all help to achieve the goal of providing a legal right to safe abortion. With the support and advice of everyone, legal experts should research the political, health, sociocultural, cultural, legal, and judicial frameworks in their respective countries to determine what kind of law should be implemented to effectively implement the right to safe abortion so that people with unwanted pregnancy can have an abortion as soon as possible and as late as necessary. Every country has a distinct legal approach to abortion, with some countries imposing a complete prohibition, some lifting the ban for the mother's safety, and yet others allowing abortion up to 12-26 weeks. Keywords: Abortion, Unwanted pregnancy, unintended pregnancy, women’s reproductive rights, mental health, pregnancy, rights. 1. INTRODUCTION According to the World Health Organization (WHO), a woman in a developing country dies every 8 minutes as a result of complications from unsafe abortion.[1] Even though laws differ around the world, most countries allow abortion to save women's lives. The WHO published technical and policy guidelines in 2003 to assist governments in passing progressive legislation. Accurate data on abortions is difficult to come by, especially for dangerous abortions. Two-thirds of countries lack the capability to gather data, and data collection varies in size and number from country to country[2]. Abortion is widely recognised as a crucial element of women's reproductive health. Egypt, Angola, Thailand, the Philippines, Madagascar, and Iraq are among the 24 countries that do not allow abortion. When a woman's life is in danger, 37 countries, including Brazil, Mexico, Sudan, Indonesia, and Sri Lanka, allow abortion. Only a few nations, such as China, Russia, Canada, Australia, and South Africa, allow abortion on demand, usually for a period of up to 12 weeks.[3] 2. WORLDWIDE HISTORY OF REGULATING ABORTION LAWS By the end of the nineteenth century, practically every government had made abortion illegal. The imperial governments of Europe—Britain, France, Portugal, Spain, and Italy—were the most important suppliers of such laws, as they imposed their laws prohibiting abortion on their colonies. According to the United Nations Population Division's comprehensive webpage on abortion laws, there are three primary groups of legal systems in which abortion is legally prohibited, which emerged mostly during the colonial period from the sixteenth century onwards: The common law was followed in the United Kingdom and most of its former colonies, including Australia, Bangladesh, Canada, India, Ireland, Malaysia, New Zealand, Pakistan, Singapore, the United States, and the Anglophone countries of Africa, the Caribbean, and Oceania; the civil law was followed in the European countries, including Belgium, France, Portugal, Spain, and their former colonies, Turkey and Japan, most of Latin America, non-Anglophone sub-Saharan Africa, and the former Sovereign States Furthermore, French civil law has affected the legislation of various North African and Middle Eastern countries; including Islamic law was practised in North Africa and Western Asia, as well as other nations with largely Muslim populations, and had an impact on personal law, such as Bangladesh, Indonesia, Malaysia, and Pakistan. [4] ,[5] Abortion bans have been in place for three primary reasons in the past. Firstly, abortion was risky, and abortionists were responsible for the deaths of many women. As a result, the rules were intended to safeguard women who, despite the laws, sought abortions and endangered their lives in the process, as they still do today if they have no other option. Second, abortion was regarded as a sin or a sort of moral violation, and laws were enacted to punish and deter the practice. Thirdly, in some or all cases, abortion was prohibited to safeguard foetal life. Since abortion technologies have become safer, laws forbidding abortion are justified solely as repressive and coercive measures, or to preserve the lives of foetuses over the lives of women. While there are still some convictions for unsafe abortions that result in damage or death, existing laws are considerably more frequently applied against individuals who have and provide safe abortions outside of the law today. Sadly, it is restrictive abortion regulations from a bygone era that are to blame for the millions of lives and injuries caused by women who might not afford to spend for a safe illegal abortion. [6] Various legal measures to liberalize, restrain, or supervise abortion access, in addition to statute law, include national constitutions in at least 20 nations, such as Ireland's Eighth Constitutional amendment (1983), which helped to regulate abortion legislation and allow women the right to abortion. Similarly, supreme court decisions allowing individual women abortions beyond the 20-week limit, such as in the United States (1973, 2016), Canada (1988), Colombia (2006), and Brazil (2012), as well as higher court decisions allowing individual women abortions beyond the 20-week limit, such as in India (2016, 2017). Conventional or religious legislation, such as Muslim law interpretations that allow abortions for up to 120 days in Tunisia and the United Arab Emirates but not at all in other predominantly Muslim nations. the regulations that compel health practitioners to maintain their confidentially on the one hand, but also require them to disclose a criminal act they may come across, such as while giving care for consequences of unsafe abortion on the other; Medical as well as other regulatory standards and guidelines governing the statutory requirement of abortion, such as documenting guidelines, disciplinary proceedings, parental or spousal consent, and constraints on which health care professionals may provide abortions, as well as medical ethical codes that allow or disallow conscientious objection.[7] Reed Boland discovered that the boundary between abortion laws and rules is often not clear and that some nations have published no regulations in any way, mainly those with severe abortion legislation. In the most complicated circumstances, several texts span countless years and may contain contradicting rules as well as cryptic and out-of-date wording. As a result, no one knows when abortion is legal and when it isn't, which could make it more difficult to perform abortion safely and publicly.[8] Uganda, for example, is a good example. According to Amanda Cleeve et alrecently released research, Uganda's Constitution and Penal Code conflict, causing confusing interpretations and an inadequate knowledge that abortion is lawful to safeguard females' health and life. Furthermore, although Uganda has national reproductive health policies, it is not backed up by legislation and is not executed. The ministry of health and other stakeholders developed Regulations and Evidence-based Guidelines on the Prevention of Unsafe Abortion in 2015 to clarify the situation. Details on who can perform abortions, where and how they can be done, and allocated healthcare responsibilities like level of care and post-abortion welfare are assigned health-care responsibilities like level of care and post-abortion care, were provided. Yet, due to religious and political resistance, the rules were rescinded in January 2016.[9] Since it has been sanctioned in the International Conference on Population and Development's Programme of Action in 1994 as a temporary arrangement to save lives, post-abortion services to treat the consequences of unsafe abortions have been implemented in countries where there's little or no potential for law reform. However, in African nations such as Tanzania, in which the 1981 Revised Penal Code leaves it unclear if abortion is lawful to preserve a woman's physical or mental health or life, and where unsafe abortions still account for 16 per cent of maternity fatalities, this has not been a success.[10] Despite the state's efforts to increase post-abortion care access, 2015 research revealed that "substantial inadequacies still existed, and yet most women were not acquiring the attention they needed."[11] Following recent reports of doctors in both public and private health institutions acknowledging payments for conducting abortions and a disclosed increase in cases of complications, the newly appointed prime minister, in tandem with the president, threatened to dismiss and possibly imprison doctors performing illegal abortions, according to a CCTV-Africa report. [12] Other restrictions that are unrelated to abortion might also act as a roadblock. Morocco's abortion law was enacted in 1920, while the country was still French territory. A legislative approach to strengthen safeguards was launched in May 2015, following a public debate sparked by accounts of women dying as a result of improper abortions. Unmarried women would be exempted because it is illegal to have sex outside of marriage, according to the Moroccan Family Planning Association, despite a consensus that abortion should be granted within the first three months if the woman's physical and mental health is in danger and cases of rape, incest, or congenital malformation.[13] In 1971, India passed a highly permissive abortion law for the time, but it was poorly and unevenly enforced, resulting in high rates of morbidity and mortality that still exist today.[14] The process of registering a clinic as an authorized abortion service provider was difficult to even 15 years ago, limiting the number of facilities.[15] Furthermore, two those certain laws have hampered abortion significant exposure: the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, which prohibits the use of ultrasound for the determination of sex and has resulted in restrictions on all second-trimester abortions, and the Protection of Children from Sexual Offenses Act, which requires reporting of underage sex and makes minors who have become pregnant feel unsafe if they pursue an abortion.[16] 3. ABORTION RIGHTS IN THE U.S. There was a moment in the United States when abortion was just accepted as a fact of life. Abortions were lawful and extensively practised until before 1860, according to historian Leslie Reagan, author of "when abortion was a crime." Only after quickening, a subjective word for when a pregnant woman can feel the foetus moving was made illegal. Abortion pills were a lucrative business before 1880. Those who wished to control that industry were mostly concerned about poisoning, not moral, religious, or political issues, as Reagan points out. However, in 1857, America launched a crusade to make abortion illegal. The Comstock statute passed by Congress in 1873, outlawed abortion medications worldwide. Abortion was outlawed in most states by 1880 unless it was absolutely essential to save the life of the women. [17] The right to abortion is recognised in the United States as a right under the right to privacy. Only after the unborn child reaches the viability stage does the state have the obligation to acknowledge its rights. Priority is given to the health of women before they become pregnant, as it is their fundamental human right to life and liberty. The sovereign has a legitimate interest in protecting pregnant women's health and well-being, as well as human potential. The cases of Roe v. Wade and Planned Parenthood of Southern Pennsylvania V. Casey discuss extensively the physical and mental interests of women during pregnancy, as well as the interests that would affect the child's upbringing.[18] The following is the analysis of the two key decisions that highlighted the relevance of abortion legislation in the United States. 4. ANALYSIS OF LANDMARK JUDGEMENT OF ROE V. WADE A single expectant mother in Texas, Norma McCorvey, sought an abortion. Texas law in the early 60s, barred abortions unless they were done or acquired to save the mother's life. McCorvey filed the lawsuit in federal court to safeguard her privacy. She claimed the abortion restriction was illegal and sought the court to grant an injunction prohibiting Texas from enforcing it. The Texas abortion limitation was held unconstitutional by the district court because the act was too ambiguous and overly broad, and thus violated the US fourteenth amendment right to privacy and stamped on the people's rights under the ninth amendment. However, since the court did not issue an injunction to prevent Texas from implementing its ban, Roe took the matter to the US Supreme Court. Justice Blackmun ruled in favour of Roe. The implied "zone of privacy" first described by the court in Griswold v. connection, according to Blackmun, was broad enough to allow a woman's right to abort her pregnancy. Regardless of how basic this right is, the court ruled that it protects the mother's life and health throughout pregnancy, as well as the foetus’s prospective life. Nonetheless, any legal restrictions on women's fundamental right to privacy must be limited to serve a compelling state interest. In an attempt to reconcile these needs, Blackmun developed a term-based method. During the first trimester of pregnancy, when the health hazards of abortion are less severe than those of childbirth and the foetus is still developing, a woman's right to privacy is fundamental and exceeds any competing state interest. The state's interest in safeguarding women's health from the possible dangers of later-performed abortions and the foetus' potential personhood develops beyond the first trimester, which can warrant further regulation. The state's interest in the prospective human life is compelling enough to sustain an outright abortion prohibition, defined as the time when the foetus can exist outside the mother's body, usually between 24 and 28 weeks. The Texas statute was overturned because it restricted a woman's ability to choose abortion during the first trimester of pregnancy. Two justices dissented, while three justices concurred. [19] 5. ANALYSIS CASE OF PLANNED PARENTHOOD OF SOUTHERN PENNSYLVANIA V. CASEY In 1992, the United States Supreme Court re-evaluated the constitutional protection granted to women's right to choose, 19 years after Roe v. Wade case. A divided court in planned parenthood v. Casey upheld Roe's basic holding but differed on almost everything else. The Pennsylvania Abortion Control Act of 1982 placed a total of five limitations on abortion providers and women seeking abortions. The five provisions that had been challenged were: 1. Women must offer informed consent. 2. Providers were required to give women state-published abortion information at least 24 hours before the operation. 3. A minor's abortion required informed consent from at least one parent. 4. Married women had to sign a statement stating that their husbands had been informed. 5. The act required abortion providers to retain records and submit reports. A group of abortion providers sued Pennsylvania Governor Robert Casey, challenging the act's constitutionality. The district court found all five of the challenging sections to be unconstitutional after a bench trial. Only the spousal notice requirement failed constitutional scrutiny, according to the court of appeal, which upheld in part and reversed in part. The case was accepted by the US Supreme Court, which will re-examine Roe v. Wade case and assess the extent to which a state might restrict abortion access. The majority of the court upheld Roe's key ruling, stating that the 14th Amendment's due process clause precludes states from unnecessarily interfering with a woman's right to terminate a non-viable fetus. The majority confirmed Roe's core holding, which they divided into three sections. First and foremost, a woman has the legal right to abort a non-viable pregnancy without government interference. Second, states have the authority to limit abortions after viability, with exceptions for pregnancies that risk a woman's life or health. Thirdly, states have a legitimate interest in preserving the health and life of a pregnant woman and her foetus from the beginning of pregnancy. Only the spousal notification requirement was found to be illegal by the majority of the five justices. Parts of the decision were upheld, but others were overturned. The Casey court affirmed the basic conclusion of Roe v. Wade after nearly two decades of discussion. The court's interpretation of the due process clause has remained valid since then. Since Casey, the focus of abortion cases has been on whether a challenged restriction places an undue burden on a woman's right to choose.[20] 6. A COMPARATIVE ANALYSIS OF INDIAN AND AMERICAN LAW Before the landmark Roe vs. Wade decision, states in the United States had highly severe abortion laws that prohibited women from aborting their pregnancies unless the pregnancy poses a severe health hazard to the mother. The Roe vs. Wade decision helped to alleviate this. It provided females more rights to abort their pregnancy by placing the freedom of abortion inside the 'zone of privacy. It is vital to remember, however, that the regulations don't cover abortions caused by rape or incest. Even in this day and age, the United States, among the most liberal countries on the planet, does not allow women to legally abort their children if they become pregnant as a result of rape or incest. Furthermore, only a few states in the U.S. consider a pregnant woman’s mental health when deciding whether or not to terminate her baby. The physical and psychological consequences of sustaining an unintended pregnancy are also ignored. When compared to the United States, India's abortion regulations are far more liberal. Though the United States was the first to declare abortion to be a part of a woman's 'zone of privacy with the Roe vs Wade decision, India recognised a woman's right to abortion as part of her right to personal liberty under Article 21 years down the line. India was swift to consider the role of females to give birth and bring up children out of unintended pregnancy while also considering the life of the prenatal child. The abortion system of the United States is tight and restrictive because the government emphasizes the rights of the unborn child while ignoring mental health issues and other bodily integrity and integrity concerns. Indian legislation provides a good example. Abortion beyond 20 weeks of gestation is illegal in India due to the danger of harm to the mother. However, in light of the country’s current medical and technical advancements, an amendment has been proposed to increase the top limit to 24 weeks. It is necessary to follow such methods. However, in delicate and emotionally distressing situations such as conception resulting from incest and rape, having an abortion during the pregnancy should be permitted because it has a negative influence on the mental wellbeing of the pregnant female. It would be unjust and unfair to the rape/incest victim if this was not done. 2. IS INDIA PROGRESSIVE WHEN IT COMES TO GIVING WOMEN THE RIGHT TO ABORTION TO OTHER COUNTRIES? The right to choose whether or not to continue a pregnancy is supported by International human rights legislation. The right to abortion has been established in the context of the rights to life, health, autonomy, and bodily integrity. According to the survey, as education and economic levels rise, the number of unplanned pregnancies decreases. More than 60% of unwanted pregnancies result in abortion, and these abortions are frequently hazardous - they are one of the primary causes of maternal deaths and hospitalisation of women.[21] Sections 312-318 of the Indian penal code deal with abortion regulations, which were crafted based on the Indian community's ethics, morals, religion, and social backgrounds. Section 312 deals with the penalty for intentionally causing a miscarriage. The term "abortion," "miscarriage," or "unborn child" is not defined in the code. The parts should be read in this light. The IPC criminalizes abortion and only permits abortion to preserve the mother's life. [22] Among all countries that refuse to abolish the prohibition even on the ground to save the lives of women. In 1971, India passed the Medical Termination of Pregnancy Act, which makes an exemption to the severe restrictions outlined in the Indian Penal Code (IPC), which criminalises any abortion and miscarriage unless it is performed on the ground to save the woman's life. [23] In India in 1972, the Medical Termination of Pregnancy Act became law. The act allowed for medical termination of pregnancy, but it was finally revised in 2021, increasing the upper gestational age limit from 20 to 24 weeks. The use of abortion pills is also permitted under Indian legislation. India is one of the countries that allow abortion based on a woman's social or economic conditions. After the modification in 2021, the MPT Act now allows medical practitioners to perform abortions in good faith only within 20 weeks and with the opinion of two medical practitioners within 24 weeks. [24] Better education and access to health care are also essential. Less restrictive abortion regulations do not guarantee safe abortions for those in need. Despite the adoption of the Medical Termination of Pregnancy Act in the early 1970s, hazardous illegal abortions continue in India. Although the statute seems to remove legal barriers to terminating pregnancies in the underfunded (national) health care system, women continue to seek abortions from unqualified local practitioners. The law's ramifications were never communicated to the people who needed it the most.[25] This is also the case in Cambodia, where abortion is permitted on-demand and women frequently attempt to abort themselves before going to the hospital.[26] Abortion is permitted in India up to the 24th week of pregnancy. In India, women over the age of 18 who are of sound mind have an unrestricted right to abortion. It means that any woman above the age of 18 does not require the assistance of anyone, including her spouse if she is married. If you are not married, you do not need to be married to get an abortion. If you are not married and are an adult, she does not need the assent of her baby's biological father to end an unwanted pregnancy. The approval of a guardian or parent is essential if the girl is a minor. Unwanted pregnancy has a natural effect on a pregnant woman's mental health. If a woman becomes pregnant as a result of rape or a failed contraceptive method, it is assumed that she has suffered serious mental harm. Unwanted pregnancy, on the other hand, is not the same as the selected sex of pregnancy termination. According to the United Nations Population Fund's (UNFPA) State of the World Population Report 2022, unsafe abortions are the third greatest cause of maternal mortality in India, with over 8 women dying every day from causes associated with unsafe abortions. Between 2007 and 2011, 67% of abortions in India were deemed unsafe. [27] "Abortion remains a public health emergency, hospitalising over seven million women a year globally, spending an estimated $553 million in treatment expenses alone, and contributing to a large percentage of all maternal morbidity and 4.7–13.2 per cent of all maternal fatalities," the research adds. Both the Medical Termination of Pregnancy Act of 1971 and the Medical Termination of Pregnancy (Amendment) Act of 2021, which broadens the Act's scope and encourages safer abortions, are progressive and promising, according to the research. [28] Unintended pregnancies are linked to decreased maternal healthcare utilisation and poorer newborn and mother health outcomes, according to studies from India. It is vital to understand that a woman's ability to make reproductive choices is a component of her right to personal liberty under Article 21 of the Indian constitution. Reproductive options can be used to have or not have a child. The right to privacy, dignity, and integrity of women is accorded special regard under Indian law. 3. INDIA'S OBSTACLES WITH REGARD TO ABORTION On social media, netizens believe that the country is more advanced because of the 1971 Medical Termination of Pregnancy Act, which ensures the right to abortion but there are certain obstacles that India faces concerning abortion rights. Six out of ten induced pregnancies result in induced abortion, according to the World Health Organization. Approximately 45 per cent of all abortions are unsafe, with 97 per cent occurring in developing nations. According to a national study published in the PLOS One journal in 2014, abortion is responsible for 10% of maternal fatalities in India. According to a 2015 study published in the Indian Journal of Medical Ethics, unsafe abortions are responsible for 10-13 per cent of maternal deaths in India. In India, roughly 1.5 crore abortions are performed. Abortions are banned under the MTP Act; hence 80 per cent of them take place outside of a recognised hospital. Many survivors are forced to face a life of pain, which is exacerbated by infertility, sepsis, and other internal ailments. [29] According to the latest round of the national family health survey 2019-2021, 3% of all pregnancies in India end in abortion. In India, more than 53% of abortions are performed in the private sector, compared to only 20% in the public sector, mainly due to the absence of abortion services in public facilities. More than a quarter of abortions (27%) are carried out at home by women. According to another fact-finding investigation published in “The Lancet” in 2018, pharmaceutical abortions accounted for 73% of all abortions in India in 2015, and while these may have been safe, many of them were unlawful under the MTP Act if performed without the clearance of a certified medical practitioner. Another 5% of all abortions were performed outside of a medical facility using means other than medication abortion. These dangerous abortions are carried out by unskilled individuals in unsanitary conditions, utilising harmful procedures such as object insertion, consumption of various drugs, abdominal pressure, and so on. Even though abortion is legal in India, a woman's rights are limited. She must obtain consent from one medical practitioner if the abortion is within 20 weeks, and approval from two medical practitioners if the abortion is between 20 and 24 weeks. Abortion is permissible up to 28 weeks only in cases of serious disability to the unborn child. This premise emphasises women's lack of autonomy and choice and bases the decision on the doctor's opinion. Although the new rules have increased access to abortions to some extent, Poonam Muttreja, executive director of the Population Foundation of India, an NGO that promotes gender-sensitive population strategies, said that they fail to correct a fundamental flaw in the MTP Act, which is that a woman does not have the basic right to terminate a pregnancy if and when she chooses. She stated that abortion remains a privilege granted by the state or a medical board. "The introduction of a state medical board creates additional worries about their access, especially for women from rural areas," Muttreja said. Unfortunately, as a culture, we are still unable to provide reproductive independence to our women, including many who not just lack the right to plan pregnancies but also encounter various obstacles while seeking abortions."[30] Transgender people and those who do not identify as women are not recognised by the MTP Act. The acceptance of abortion in Indian society is positioned in the framework of population management and family planning, but more crucially, women and transgender people suffer a big barrier in accessing safe abortion cases after more than 50 years of the MTP Act. Many people in India are unaware that abortion is legal, and they engage in dangerous abortion methods as a result. Although the MTP Act has been in place for nearly 50 years, it is not commonly known throughout the country. Because of the societal stigma associated with abortion, unmarried and transgender persons who choose to have an abortion are turned away from health facilities and are forced to resort to unsafe abortion methods. Despite the adoption of the Medical Termination of Pregnancy Act in the early 1970s, hazardous illegal abortions continue in India. Although the statute seems to remove legal barriers to having abortions in the impoverished (national) medical system, women continue to seek abortions from unqualified local practitioners. The law's ramifications were never communicated to the people who needed it the most. [31] The statutory provisions of the Protection of Children from Sexual Activities Act (POSCO), 2011, the law prohibiting child sexual offences, have an impact on privacy and make it difficult for adolescents to get safe abortion services. Every woman seeking abortion care in a health facility is frequently mistreated and does not receive the drugs she requires. Passing one law and assuming the job is done is not a sign of a progressive country, thus it should be concentrated, and other regulations should be established to ensure women's ultimate choice to determine their abortion rights. Lack of access, systematic impediments, societal standards and cultural preferences, and even criminal culpability are all issues that many people encounter. Abortion is a problem that affects not only family planning and maternal health, but also sexual and reproductive health. [32] 4. THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND ABORTION LAWS In recent years, a new level of involvement in advocating for safe abortion has evolved, based on an examination of how existing laws affect women and girls and whether they comply with international human rights norms. The Human Rights Committee, the Committee on the Elimination of Discrimination Against Women, the Committee on Economic, Social and Political Rights, the Working Group on Discrimination Against Women in Law and Practice, and the Special Rapporteurs on the right to the enjoyment of the highest attainable, women's rights in Africa, and brutality have all become extremely assertive in calling for profound abortion laws. [33] Abortion is a fundamental human right that is protected by various international and regional human rights treaties as well as national constitutions around the world. These treaties enshrine the right to life and liberty, freedom, privacy, equality and non-discrimination, and freedom from harsh, inhuman, and degrading treatment in a slew of rights. Restrictive abortion regulations have been consistently deemed irreconcilable with international human rights standards by humanitarian organizations. The legality of abortion refers to more than where only women and girls are legally obliged to choose whether or not to carry their pregnancy to term. It also exposes the likelihood of a woman dying from unsafe abortion, whether girls will complete their education and the barriers to women and girls participating in public and political life. In summary, examining the legal status of abortion reveals that women and girls are treated as equals and given the freedom to choose their path in life. [34] The burden of unsafe abortion is shared by women and their families, as well as the public health system. Blood supplies, antibiotics, oxytocics, anaesthesia, operating rooms, and surgical specialists may be required for every woman admitted for emergency postabortion treatment. Emergency care's financial and logistical costs can overload a health system, preventing attention from being given to other patients. 5. RECOMMENDATIONS AND ACTIONS THAT CAN BE INITIATED Despite the difficulties, the situation is not hopeless. Unintended pregnancy prevention should be a top goal for all countries. Incorporating reproductive health education into schools should be a priority. Increased contraceptive services, including correct information and proper use of contraceptive techniques, are required in countries that are not opposed to contraceptive usage. Governments and non-governmental groups must devise effective strategies for overcoming cultural and social stereotypes that prevent women from accessing essential health care. In countries where abortion is legal, providing women with easier access to abortion clinics is critical. When complications arise, practitioners need to be better trained in safer abortion methods and be prepared to transport patients to a medical facility that can provide emergency care. WHO strongly encourages that all health institutions that treat women who have had partial abortions have the necessary technology and trained personnel in place to guarantee that care is consistently available and affordable. Furthermore, post-abortion family planning counselling must be included in the service. Evidence shows that loosening abortion restrictions to allow trained practitioners to perform services openly can decrease the occurrence of abortion-related morbidity and death. Obstacles of a socio-political and religious nature, on the other hand, have played and will continue to play a part in the passage of abortion laws. The relevance of reducing abortion regulations is highlighted by studies, grassroots organisations, health providers, campaigners, and the media. Women’s and families’ emotional, physiological, and economic costs, as well as the strain on the healthcare system, should no longer be overlooked. [35] It is past time for restrictive abortion regulations to be liberalised in tandem with cultural shifts. Women should have access to safe abortion procedures and quality post-abortion care, including psychotherapy, regardless of their marital status. There should be a strong acknowledgement of women’s freedom to freely exercise their reproductive and sexual rights, including the right to abortion. The MTP (Amendment) Bill 2014, which, among other things, proposes deleting the word “marriage” and replacing “husband” with “partner,” should be dragged out from under the pile and implemented as soon as. A progressive law cannot be overturned because more sex-selection abortions will occur. The suppression of another’s right cannot be used to prevent the misuse of the law. [36] Millions of women and a slew of abortion providers violate restrictive abortion regulations daily. Even in countries with more liberal laws, research reveals that the letter of the law is being bent in a variety of ways to meet women’s needs. Despite this, opposition and a dogged refusal to act continue to stymie efforts to meet women’s unrestricted abortion needs. 6. CONCLUSION The purpose of this study was not to provide answers or roadmaps, as each country's circumstances must be considered. The goal was to inspire new ways of thinking about whether or not a punitive ban against abortion is essential. Treating abortion as a form of essential health care is a big step forward, and advocates could write the simplest, most supportive law possible, putting first-trimester abortion care in primary and community settings, securing second-trimester services, involving mid-level providers, raising women's awareness of services and the law, aiming for universal access, incorporating WHO-approved methods, and addressing social asymmetry. Abortion rights are basic and crucial rights that every woman deserves and that defend the integrity of women's reproductive health. In this research, I intended to examine various countries' abortion rights and insisted on a thorough examination of the differences between US and Indian regulations. Abortion is not just a necessary legal right, but also a fundamental human right. Every woman has the right to prioritise her physical and emotional health. In terms of abortion regulations, countries around the world should be progressive. The never-ending discussion over the unborn child's rights and women's reproductive health is vast, but the basic right to life is underlined and should be defended first and foremost.
[1] National Library for Medicine, Unsafe Abortion: Unnecessary Maternal Mortality, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2709326/, (last visited on May 24, 2022). [2] Graham WJ, Ahmed S, Stanton C, et al, “Measuring maternal mortality: an overview of opportunities and options for developing countries”, BMC Med., 2008. [3] World Population Review; Countries Where Abortion Is Illegal 2022, available at: https://worldpopulationreview.com/country-rankings/countries-where-abortion-is-illegal; (last visited on May 22, 2022). [4] United Nations Population Division, Abortion Policies: A global review. 2002, available at: https://www.un.org/en/development/desa/population/publications/abortion/abortion-policies-2002.asp, (last visited on May 28, 2022). [6] National Library of Medicine, Abortion Law and Policy around the World, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473035/#r1,( last visited on May 28, 2022). [7] National Library of Medicine, Abortion Law and Policy around the World, available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473035/#r1,( last visited on May 30, 2022). [8] Boland R, “Second-trimester abortion laws globally: Actuality, trends and recommendations”, Reproductive Health Matter, 2010; 18(36):67–89. [9] Cleeve A., Oguttu M., Ganatra B., et al. “Time to act—comprehensive abortion care in East Africa.”, Lancet Global Health, 2016; 4(9). [10] Tanzanian Penal Code: Chapter 16 of the Laws (Revised) (Principal Legislation) 1981, Keogh S., Kimaro G., Muganyizi P., et al. “Incidence of induced abortion and post-abortion care in Tanzania” PLoS One. 28 May 2022; Tanzanian Ministry of Health and Social Welfare, The national road map strategic plan to accelerate the reduction of maternal, new born and child deaths in Tanzania (2008–15 2008, May 29, 2022 [11] Keogh S., Kimaro G., Muganyizi P., et al. “Incidence of induced abortion and post-abortion care in Tanzania”, PLoS One, May 28, 2022. [12] “Doctors involved in illegal abortions to be fired in Tanzania” CCTV-Africa, 2016 Jan 8 [13] Moroccan Family Planning Association and Asian-Pacific Resource and Research Centre for Women, Religious fundamentalism and access to safe abortion services in Morocco, Rabat and Kuala Lumpur: Moroccan Family Planning Association and Asian-Pacific Resource and Research Centre for Women; 2016. [14] Editorial, “Unsafe abortions killing a woman every two hours”, The Hindu, 2013 May 6 [15] Iyengar K., Iyengar S. D. “Elective abortion as a primary health service in rural India: Experience with manual vacuum aspiration”, Reproductive Health Matters, 2002; 10(19):54–63. [16] Nadimpalli S., Venkatachalam D., Banerjee S. “India’s abortion wars” Deccan Chronicle”, 2017 Apr 16. [17] Leslie J. Reagan; “When Abortion Was a Crime Women, Medicine, and Law in the United States, 1867-1973”; (1st edition, 1996). [18] Sai Abhipsa Gochhayat, “Understanding of right to abortion under Indian Constitution”, Manupatra 7,8. [19] Sai Abhipsa Gochhayat, “Understanding of right to abortion under Indian Constitution”, Manupatra 6,7. [20] Sai Abhipsa Gochhayat, “Understanding of right to abortion under Indian Constitution”, Manupatra 7. 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