On this day in 1973, the landmark judgment Roe v. Wade was announced by the Supreme Court of United States of America.
The decision ensured the constitutional right to privacy stating,
…is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy (Roe v. Wade, 1973)
The judgment heralded a new era for women’s right to their own bodies. “The Supreme Court of the United States found that a woman’s right to make her own decisions about her pregnancy deserves the highest level of constitutional protection.”
The Medical Termination of Pregnancy Act, 1971 (MTP Act) in India came in just two years before Roe v. Wade. Before 1971, abortions were criminalized under Section 312 of the Indian Penal Code, 1860.
Unlike the Roe v Wade, which balanced the rights of the woman and the role of the state, the MTP Act states that “abortions are legal up to 12 weeks with approval from one service provider and beyond 12 weeks to 20 weeks requires the approval of two service providers.” (Source: 6 Things You Need to Know about the MTP Act)
The MTP Act does not deal with female foeticide. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PCPNDT Act) prevents sex-selection in India.
Read more about the MTP Act on Abortion Law: In 24-week pregnancy case, Supreme Court failed to address women’s right to their bodies and 6 Things You Need to Know about the MTP Act. Also read Roe v. Wade: Its History and Impact.
The IIMM Times 