International Journal For Multidisciplinary Research

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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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A Comparative Study of Abortion Laws in India and USA – With Special Reference to Women’s Rights and Reproductive Autonomy

Author(s) SREE DHAKSHINI T
Country India
Abstract The changes in the laws regarding abortion in India and the USA have a relation with societal attitudes toward women's rights and reproductive autonomy. India's Medical Termination of Pregnancy Act has evolved over time, allowing abortions under specific circumstances. However, the challenges persist due to centric and socio-economic factors. The USA established a constitutional right to abortion in the case of Roe-vWade decision in 1973 and Dobbs-vs-Jackson Women's Health Organization decision in 2022 which overturned federal protections leading to growing factors on rights over women's autonomy. Historical, cultural, and political factors determine the nature of the abortion laws in India and the USA. The Medical termination of Pregnancy Act empowers Indians-all women, irrespective of her being married or single-to undergo abortions before the completion of 24 weeks of gestation; however, this only recognises sovereignty as in all matters related to the female's reproductive health and life. The United States rolled back a century's worth of legal abortions in the decision case that led to the overturning of Dobbs -vs- Jackson Women's Health Organization after years of Roe -vs- Wade. It's going to increase the barriers coming under geographical location, socio-economic, and political consideration, which results in a problem in accessing the abortion service, which is provided both safely and legally, the amendment in India's Medical Termination of Pregnancy Act of giving importance to women autonomy related to abortion and US the Dobbs -vs- Jackson decision overturns the Roe -vs- Wade leading to restrictions for gaining access. Both countries in the present fight for reproductive justice and women's rights under the abortion laws have placed high emphasis on the aspect of fair access to reproductive health care.
Keywords Specific circumstances, Abortion laws, Increased obstacles, Restrictions on access, Reproductive healthcare
Published In Volume 6, Issue 6, November-December 2024
Published On 2024-12-31
DOI https://doi.org/10.36948/ijfmr.2024.v06i06.34185
Short DOI https://doi.org/g8xgmz

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