Context: 

Recently, France has made history by enshrining the right to abortion in its constitution, becoming the first country in the world to explicitly guarantee a woman’s right to voluntarily terminate a pregnancy.

Background: US Supreme Court’s Decision on Roe v. Wade

In 2022, the US Supreme Court made a controversial decision to reverse the landmark ruling of Roe v. Wade, which had previously recognized women’s constitutional right to abortion. 

• The decision reignited debates surrounding reproductive rights and access to abortion. 
• The reversal of Roe v. Wade prompted activists in France to take decisive action to safeguard abortion rights within their own country.
• Global Abortion Statistics by WHO
  • Around 73 million induced abortions take place worldwide each year. 
  • Six out of 10 (61%) of all unintended pregnancies, and 3 out of 10 (29%) of all pregnancies, end in induced abortion
  • Around 45% of all abortions are unsafe, of which 97% take place in developing countries.
  • Unsafe abortion is a leading – but preventable – cause of maternal deaths.

Abortion Rights in France: Empowering Women through Constitutional Reform

Abortion enjoys wide support in France across most of the political spectrum, and has been legal since 1975. Both houses of France Parliament, the National Assembly and the Senate, had separately adopted a bill — as required — to amend Article 34 of the French Constitution.

The bill was overwhelmingly backed by members of parliament, representing a significant victory for women’s rights advocates and a landmark moment in the ongoing battle for reproductive freedom.

The constitutional amendment, passed with a significant majority, solidifies the legal framework surrounding abortion and prevents future governments from rolling back these rights.

• Special joint vote of MPs and senators in Versailles Palace: 780 votes for, 72 against.
• Amendment to Article 34 of the French constitution: “the law determines the conditions in which a woman has the guaranteed freedom to have recourse to an abortion.”
• Aim: To ensure that women’s reproductive rights are protected at the highest level of law.
• Message to women: “Your body belongs to you and no one can decide for you,” says Prime Minister Gabriel Attal.
• Significant public support: Polls indicate around 80% of French people support legal abortion.
• Response to US Supreme Court’s decision to reverse Roe v. Wade.

Criticism of the Law: Political Maneuvers and Religious Opposition

While the move has been celebrated by women’s rights activists, it has also faced criticism from anti-abortion groups and some political figures. 

• Some have accused the current French government of using the amendment for political gain.
• Some Religious figures have condemned the move as a defeat for anti-abortion campaigners and expressed concerns about its impact on women and children.

Abortion Landscape in India: Navigating the MTP Act Amendment for Women’s Reproductive Rights

France has taken a historic step towards securing abortion rights, the situation in India presents a contrasting picture. In India, abortion is governed by the Medical Termination of Pregnancy (MTP) Act, which allows for abortion under certain conditions. 

• Medical Termination of Pregnancy (MTP) Act, enacted in 1971 and amended in 2021. 
• The MTP Act permits abortion under specific circumstances and up to a certain gestational age, aiming to provide women with access to safe and legal abortion services.

• Key Provisions of the MTP (Amendment) Act 2021:

  • The MTP Act was amended in 2021, extending the abortion limit from 20 to 24 weeks.
  • The amended MTP Act allowed the termination under the opinion of one doctor for pregnancies up to 20 weeks. 
  • For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.
  • The MTP Act (amendment) specified seven categories of women eligible for termination between 20 and 24 weeks of pregnancy:
    • Survivors of sexual assault or rape or incest;
    • Minors; 
    • Change of marital status during the ongoing pregnancy (widowhood and divorce);
    • Women with physical disabilities 
    • Mentally ill women including mental retardation
    • The foetal malformation
    • Women with pregnancy in humanitarian settings or disaster or emergency situations.

• Significance of MTP Act

• • The MTP Act prohibits the disclosure of the identity and details of a woman whose pregnancy has been terminated, unless authorized by existing laws.
  • Further, Supporting the implementation of the MTP Act will contribute to achieving Sustainable Development Goals (SDGs) 3.1, 3.7, and 5.6, which aim to reduce preventable maternal mortality.

Global Abortion Policies: A Diverse Landscape from Prohibition to Accessibility

• Countries Banning Abortions (24 countries)

  • Abortions are illegal in 24 countries, where about 90 million or 5 percent of women of reproductive age reside.
  • These include Senegal, Mauritania, and Egypt in Africa, Laos and the Philippines in Asia, El Salvador and Honduras in Central America, and Poland and Malta in Europe

• Countries Permitting Abortions with Restrictions (50 countries)

  • Includes Libya, Indonesia, Nigeria, Iran, Venezuela.
  • Permitted in cases of a woman’s health risk.
  • Some allow in cases of rape, incest, or fetal abnormalities.

• Countries with Accessible Abortion Laws

• • Canada, Australia, and most of Europe.
  • Few restrictions, primarily gestational time limits (typically 12-14 weeks).