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Roe vs Wade

Nowadays there is ruckus everywhere in the US. The reason for such ruckus is the abolition of the Abortion law termed as ‘Roe vs Wade’. The US supreme court overturned the ‘Roe vs Wade’ decision 0f 1973, in which a women’s right to abortion was ensured. It was said that different states of America can implement this process with their own permission. But now the supreme court has passed an order regarding the abolition of abortion in front of the entire nation. The court said that the constitution does not provide for the right to abortion. The ‘Row vs Wade’ case has been dismissed.

Facts & Figures of Abortion in the USA.

In fact, the case of abortions in the USA has increased. The number of abortion cases registered an increase in 2020 compared to 2017 after a long period of low cases. According to a report by the Guttmacher Institute, a research group supporting abortion rights, there was more than 930,000 abortion in the US in 2020 whereas this figure was around 8,62000 in 2017. The right to abortion is one of America’s most sensitive issues. It is this issue that also draws the dividing line between America. While delivering this decision, the supreme court overturned its own five-decade-old decisions.

Five decades ago, the supreme court itself gave a verdict in which women were given the right to have an abortion. In the latest case, the supreme court has said that the constitution does not give the right to abortion. From our side, Roe vs Wade case is dismissed. However, with this, the court definitely said that all the states of America can make their own separate rules and regulations regarding abortion law.

What is the ‘Roe vs Wade’ story?

The right to abortion is believed to be one of America’s most sensitive issues. It is this issue that also draws the dividing line between American fundamentalists and liberals. In the year 1973, the supreme court of America gave a historic decision on Abortion, which was called, Roe vs Wade’. Norma McCorvey, a girl living in Texas, USA got married at a young age. She became a mother for the first time at the age of 16. She was not in a position to raise a child at that time, she left her child in the custody of her mother. She became a mother for the second time at the age of 20. Only after 2 years, when she was about to become a mother for the third time, she want to have an abortion. But at that time abortion in Texas was only valid for women who were in danger of life.

She approached the federal court, but from there she did not get permission to have an abortion. After this, the mother reached the supreme court. Here the nine-judge bench, while deciding from 7:2, termed the law bearing abortion as anti-woman and gave the verdict in her favor and said that only the woman should have the right to say what pregnancy is. In this decision, abortion was allowed for 28 weeks which was later changed to 20 weeks. Now after overturning this decision of the supreme court, the atmosphere in America is very tense.

US president Joe Biden’s Reaction To Supreme Court Verdict

US president Joe Biden said- This decision is wrong while speaking on this issue. Us president Joe Biden has appealed to the people to remain calm. He said that the supreme court’s decision is not correct still, and people should maintain peace and not perform violently. Terming the super court decision as sad, Biden even said that the health and life of women across the country are now in danger. The court has suddenly deprived the American people of a constitutional right.

Legal Provision of Abortion in India.

In India, if abortion is not done to save the life of the woman, then it is an offense under section 312 of the Indian penal code. Under the medical termination of pregnancy act, 1971 doctors are allowed to perform abortions under certain pre-determined conditions.

Amendment in MTP Act

The Medical Termination of Pregnancy Act was passed by the parliament in 1971, changes were made in this law from time to time for safe and authorized abortion procedures for women. The abortion law was amended in 2002 to allow the use of the abortion drugs Mifepristone and Misoprostol. All women can opt to terminate pregnancy up to 20 weeks if the doctor recommends it. However, special categories of women such as rape victims, women with disabilities, victims of sexual abuse, and minors can seek abortion up to 24 weeks. If a medical board of specialist doctors decides that there is any deformity or disability in the unborn child, then there is no maximum pregnancy limit for abortion. The PCNPDT(pre-conception and pre-natal Diagnostic techniques.) act was passed in 1994 to prevent the misuse of the MTP Act and the incidence of illegal abortion. Women can have an abortion without the consent of their husbands or spouse. She cannot be forced to have an abortion by her husband or spouse.

Action taken by the American States on Abortion.

Now provision of strict punishment in America. Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, and South Dakota have banned abortion with immediate effect following the Supreme Court decision.

To overturn the Roe vs Wade decision at least 13 states already have laws that forbid abortion altogether or will soon do so. Except in cases of a medical emergency, if abortion is performed, then in the US state of Missouri, those who do so can be sentenced to 5 to 15 years in prison.

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