The Reproductive Rights of Women

The decision of whether to bear a child or not is best left to the conscience of the mother, says VENITA COELHO


Two recent articles in Herald (26 Dec & 9 Jan) loudly equated abortion with murder. To call an abortion 'murder' is to use very strong and condemnatory language. The argument of the self righteous who use these terms is that to abort a child is wrong because life begins at the moment of conception. Consider this: in-vitro fertilisation has been lauded as a huge boon for childless couples. Yet all the fertilized eggs that are not used as part of the procedure are routinely thrown away. They are fertilised and therefore by our definition 'alive' - yet no one is taking to the streets to protest this as murder.

The difference is that in this case we are dealing with a test tube and the woman is missing in the equation. The abortion debate is well camoflagued by the use of terms like 'murder' 'rights of the unborn child' and 'pro-life'. But it has little to do with the child and everything to do with the woman. The thinking that underpins all the claims that abortion is murder actually very simply sees the woman as a container for a foetus. It sees the unborn child as having a 'right to life' and it ignores the fact that the woman carrying the child has a right to her life too.

For centuries a woman's entire life was dictated by the men in it - first her father, then her husband, and finally her sons. Child widows lived in unimaginable misery. Women had no right to property or to the choice of a husband. The black shadow of this history of horrors still lies across the lives of Indian women. While many of the social customs have been eradicated, the beliefs still exist. And the prime belief that still persists is that women are property.

Traditionally, being property themselves, women could not inherit property. This belief was so persistent in the church and in India, that as recently as 20-odd years ago, Mary Roy, Arundhati Roy's mother, had to fight a court case to get inheritance rights for Syrian Catholic women.

The law recognizes the right to property and encourages you to defend it. But the very first property that is yours is your body. We condemn arranged marriage and encourage a woman to exercise her right to choose a husband - because her body and her life are hers. We condemn rape because a man makes forcible use of a woman's body against her will. Then why do we condemn a woman who decides whether she will host a child in her body or not? The body is the first thing that is hers. Surely her will should be sovereign in matters of her own body!

There was outrage when the Indian state began to forcibly sterilize men and women during the Emergency. Their fundamental reproduction right was violated. Their privacy as people was violated. The opponents said that the state had no business to be making reproductive choices for individuals. A right is about choice. An equal right is the choice not to be a parent. Equally, a state has no business making abortion illegal and taking away from women her reproductive choices. A woman denied the choice by law is as much of a victim as those forcibly sterilised.

Why is this choice so important? Because willy nilly women bear the real impact of a pregnancy. Roe vs Wade is a landmark case in the history of the fight for abortion rights. This is what was argued: "A pregnancy to a woman is perhaps one of the most determinative aspects of her life. It disrupts her body. It disrupts her education. It disrupts her employment. And it often disrupts her entire life...because of the impact on the woman this is a matter which is of such fundamental and basic concern to the woman involved that she should be allowed to make the choice as to whether to continue or terminate her pregnancy."

In what became a landmark judgement, the US Supreme Court ruled that a woman's right to abortion outweighed the rights of a non-viable fetus and prohibited state interference. The Court noted: "Enforcement of the idea that the fetus has legal rights superseding those of the woman who carries it would make pregnant women second-class citizens with fewer rights, and more obligations, than others."

In our country where, despite the fight for rights, women are de facto second class citizen, an unwanted pregnancy can devastate a woman's life. When a woman is unclear what her own future is, when she is held back by illiteracy, by lack of money, by lack of employment, what is the point of condemning her and insisting that the unwilling bear the unwanted?

Much of the indignation that infuses the argument over abortion comes from men. What business have women got deciding that they will not carry a child? That is a woman's work isn't it? What she was born for? What her organs are designed for? What god made her for?

This brings us back full circle to viewing a woman as a container for a foetus, not as a full-blown individual who has rights of her own. Biology is not destiny. You should be free to make your own destiny whether you have a set of ovaries or a Y chromosome. Just because you are equipped to bear a child does not mean that you should be forced to do so against your own inclination. Using social and religious condemnation to make a woman feel guilt over her choices is merely blackmail. To label her a murderer is to try and give a medical choice the spin of religious condemnation.

By using the term murder you condemn mothers, sisters, daughters, your own near and dear ones. An unwanted pregnancy is the dilemma that almost every woman has faced at least once in her life. It is something that women agonize over. An abortion is not an easy choice. It is made in guilt and torment and secret sorrow. And almost always it is a bad choice made out of an option of even worse choices. It is a choice that strikes at the heart of your physical existence, of your morality and the well springs of your life. But it is a choice. One that for centuries was withheld from women by their husbands, the state, and sometimes their religion.

If we now recognize that a woman is not the property of a man, then the choice of whether to carry a child in her body or not is also hers. If we recognise that the state has no business interfering in the private matter of personal reproduction, then the choice is a woman's alone. And it is high time we recognized that religion has no business imposing its choices on the body of a woman.

Conceiving a child and holding it in your body is a deeply intimate meaningful thing that only a woman can understand. And only a woman knows what a deep sense of sadness and loss she will then carry when she has made her choice. But the choice is hers and hers alone. The decision of whether to bear a child or not is best left to the conscience of the mother. (ENDS)


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First published in the Herald, Goa - January 16, 2010

http://oheraldo.in/newpage.php?month=1&day=16&year=2010&catid=14

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