Abortion

Anita Manandhar Joshi

Group - A
 Abortion
• Introduction
• Views & Debate on abortion
• International and national development
• Pros and cons
• Conclusion
 Introduction
• An abortion is the termination of a pregnancy
by the removal or expulsion from the uterus
of a fetus/embryo, resulting in or caused by its
death. An abortion can occur spontaneously
due to complications during pregnancy or can
be induced in humans and other species. An
abortion is the procedure to end a pregnancy.
It uses medicine or surgery to remove the
embryo or fetus and placenta from the uterus.
• The procedure is done by a licensed physician or
somebody acting under the supervision of
licensed physician. In simple meaning, abortion
can be defined as "the deliberate ending by a
pregnancy" which can be either spontaneous
abortion (miscarriage) or induced abortion.
According to WHO (2006), abortion is the
termination of a pregnancy before the fetus has
attained the viability i.e., become capable of
independent extra-uterine life. Abortion may be
defined as an act, which causes the body in the
womb to die or prevent it to have natural birth.
 History
• The abortion laws developed in the later 19th century
existed largely unchanged until 1960s, when a number of
circumstances combined to bring about a movement for
their reform.
• A few new developments can be seen as follows:
Women’s rights group, doctors and lawyers urged to
reform abortion laws in part because of complications in
life posed by deformed pregnancy.
A development of right based approach that believed that
women could control their pregnancies.
Explosive population used it as a birth control means.
Medical science developed safer technology for abortion
• Public awareness of the abortion issue increased
through two incidents in the early 1960s that caused
a greater number of children to be born with
physical defects.
In 1961, the drug Thalidomide, used to treat nausea
during pregnancy, was found to cause serious birth
defects.
• 1962-65 German measles epidemic caused an
estimated 15 thousands children to born with
defects. Pregnant women who were affected by
these incidents could not seek abortions because of
the strict laws then in existence
• In view of these problems, the women’s movement
through out the world called for reforms in abortion laws.
The National Organization of Women formed in USA in
1966 sought to reform laws through legislation and
lawsuits. They hoped to educated a largely male
dominated legal and judicial profession about this
important issue for women. This movement was
supported by the American Civil Liberty Movement, the
organization like American Civil Liberties Union (ACLU).
• Between 1867-1970, 12 States adopted abortion reform
legislation.
Far more impact was made by the movement that linked
abortion issue as a question of social justice- reproductive
freedom. The pregnancy was not a social value- it was a
choice of parents, and especially the mother as it was
connected with her right to life.
 Abortion : Pro-Choice & Pro-LIFE

• There are two theories of abortion. They are,

Pro-choice & Pro-life. It is burning issue and
debate in the world. There is a debate on
extension of pro-choice timeframe, but initial
period of pregnancy is largely governed by
pro-choice jurisprudence.
 Arguments
• Nearly all abortions take place in • Since life begins at conception,
the first trimester, when a fetus is abortion is akin to murder as it is
attached by the placenta and the act of taking human life.
umbilical cord to the mother. As Abortion is in direct defiance of
such, its health is dependent on the commonly accepted idea of
her health, and cannot be the sanctity of human life.
regarded as a separate entity as it • No civilized society permits one
cannot exist outside her womb. human to intentionally harm or
• The concept of personhood is take the life of another human
different from the concept of without punishment, and
human life. Human life occurs at abortion is no different.
conception, but fertilized eggs • Abortion frequently causes
used for in vitro fertilization are intense psychological pain and
also human lives and those not stress.
implanted are routinely thrown
away.
 Cont…..
• Adoption is not an • For women who demand
alternative to abortion, complete control of their
because it remains the body, control should include
woman's choice whether or preventing the risk of
not to give her child up for unwanted pregnancy through
adoption. the responsible use of
• Abortion is a safe medical contraception or, if that is not
procedure. The vast majority possible, through abstinence.
of women - 88% - who have an • An abortion can result in
abortion do so in their first medical complications later in
trimester life; the risk of ectopic
pregnancies doubles, and the
chance of a miscarriage and
pelvic inflammatory disease
also increases.
 Cont….
• In the case of rape or incest, • In the instance of rape and
forcing a woman made incest, proper medical care can
pregnant by this violent act ensure that a woman will not get
would cause further pregnant. Abortion punishes the
psychological harm to the unborn child who committed no
victim. Often a woman is too crime; instead, it is the
afraid to speak up or is unaware perpetrator who should be
she is pregnant, thus the punished.
morning after pill is ineffective • Those who choose abortions are
in these situations. often minors or young women
• Teenagers who become with insufficient life experience
mothers have grim prospects to understand fully what they are
for the future. They are much doing. Many have lifelong regrets
more likely to leave of school; afterwards.
receive inadequate prenatal
care; rely on public assistance
to raise a child; develop health
problems; or end up divorced.
 International development of abortion

• As American Heritage Dictionary defines,

abortion is :

A termination of pregnancy and

expulsion of an embryo or of a fetus that is
incapable of survival. Any of various procedures
that result in such termination and expulsion-
also called induced abortion.
 American cases

Court judgment in roe’s case:

It held, "the state has legitimate interest in
protecting both the pregnant human’s health
and the potentially of human life "life of fetus”.

Court judgment in doe’s case:

The court ruled on privacy and personal
liberty by permitting accreditation, hospital
committee approval ,two doctor agreement, and
the state residence violated the constitution.
 National legal Framework on Abortion
• The constitution of Nepal (2072/2015) has not explicitly mentioned about safe
abortion as women reproductive rights, it has extended the protection to
women in various Articles. Right to equality provides that all citizens shall be
equal before the law. No person shall be denied the equal protection of the
laws and nothing shall be deemed to prevent the making of special provisions
by laws for the protection, empowerment or advancement of women. Every
citizen shall have the right to basic health services free of cost from the state
as provided for in the law. Article 38 of the constitution has incorporated the
right of women. Right to privacy is the fundamental and inviolable. The
constitution of Nepal, 2072 shown its commitment to right to health as
fundamental rights of its citizens. The constitution guaranteed the right of
every woman to safe maternity and reproductive health rights as fundamental
rights. The constitution of Nepal has a strong commitment to the dignity of
women by explicitly recognizing reproductive rights as a vital component of
fundamental women rights.

• No woman shall be discriminated against in any way on the basis of gender.

Every woman shall have the right to reproductive health and other
reproductive rights. No Physical, mental or other form of violence shall be
inflicted on any women, and such as act shall be punishable by law.
• Statutory Provisions - Muluki Ain, 2020 (After 11th
Amendment)
• The 11th Amendment incorporated various rights,
related to women including legalization of conditional
abortion. Any person who commits abortion or causes
abortion by doing any act with intention or knowingly or with
sufficient reasons to believe that such an act is likely to cause
an abortion shall be punished for a term of 1 year in case of
the fetus is up to 12 weeks, 3 years in case of the fetus is above
25 weeks and 5 years in case of the fetus is above 25 weeks.
• Muluki Ain, 2020 No. 28
• The Constitution of Nepal, 2015, Article 18 Rights to equality
• The Constitution of Nepal, 2015, Article 35 rights to health
• The Constitution of Nepal, 2015, Article 28 rights to privacy
 Case Analysis
• Laxmi Devi dhikta vs Nepal government
This is the case relating to the abortion. In this
case court has clearly spelled out the right to
access of safe abortion of Nepalese women as
abortion was legalized since 2002.
• Krishna lal yadav vs hmg 2044, p.671, abortion
by facing the woman to take power medicine.
• Goma devi pyakurel vs hmg nkp.2040. In this
case the supreme court held that anybody who
is born after completion of gestation period
may be presumed to have born dead.
 Abortion when it is Illegal
• Procuring abortion within 12 weeks of gestation
period is punishable by 1 year of imprisonment.
• Procuring abortion within 25 weeks of gestation
period is punishable by 3 years of imprisonment.
• Procuring abortion above 25 weeks of gestation
period is punishable by 5 years of imprisonment.
• Additional punishment in special cases if abortion is
procured by influencing the women under
inducement, threat or promise, the person is liable
from 3-6 months of Imprisonment. If he has done
the same act after identifying the sex of the baby, he
is liable to additional 6 month to two years of
imprisonment.
 Abortion when it is legalized

• Abortion is legalized on certain grounds. According to country

code of 2058, (Reproductive Health Rights) and Right to self-
determination explicates that women can procure abortion on
the following three grounds. The privileges granted by the 11th
amendment of Muluki Ain where has been legalized as follow:-
• Any women can procure abortion within 12 weeks of gestation
period.
• Any women can procure abortion within 18 weeks of gestation
period if the conception is the result of rape or incestuous
intercourse.
• A doctor can procure abortion if he is of the opinion that it is
necessary in over to protect the physical or mental health of
the women or if he is of such opinion that if abortion is not
procured the body is likely to be born invalid or deformed.
 Pros & Cons
• Reproductive choice • Abortion is the killing of a
empowers women by giving human being, which defies the
them control over their own word of God.
bodies.  • Abortions cause psychological
• Fetuses are incapable of damage.
feeling pain when most • Women should not be able to
abortions are performed. use abortion as a form of
• Access to legal, contraception. 
professionally-performed • Abortion promotes a culture
abortions reduces maternal in which human life is
injury and death caused by disposable. 
unsafe, illegal abortions. • Abortion may lead to future
• Modern abortion procedures medical problems for the
are safe and do not cause mother. 
lasting health issues such as
cancer and infertility.
 CONT….
• Women who receive • It often leads to
abortions are less likely to unwanted memories,
suffer mental health which can result into
problems than women great stress and
denied abortions. depression. Some women
• Reproductive choice experience a feeling of
protects women from guilt, which lasts for their
financial disadvantage. whole lifetime. In short,
• A baby should not come abortion can turn out to
be a lifetime worth of
into the world unwanted.
burden.
 Conclusion
• After extensive research and thought, we have decided that we
believe abortion should be legal, or "pro-choice". There are
many reasons we believe this which are listed below.
• The good of abortion out weighs the harms of it. For example,
one harm of abortion is the possibility of death and other
various side affects, but if a person is in a situation where they
will die from the birth, it makes more sense to take the risk of
having a small chance of dying from the abortion than the
definite chance of dying form the birth. 1400 girls and women
die each day from causes related to childbirth, 99 percent of
them in developing countries.
• Everyone should have the chance to make their own decisions
in their life, especially when regarding such a personal subject
as abortions. The government should not have control over a
woman's body or a family's decision.
•  If a teen who can not take on the responsibility of a child, or a
mother who can't afford the child gives birth, the child is being
born into an uncomfortable and possibly dangerous situation.
A child born to a young teenage mother is more likely to be a
victim of child abuse or neglect. Abortion gives this type of
person the option to take initiative and help their child. We do
understand that their are many ways of protection to not have
the child, but sometimes mistakes happen and we should not
risk a child's life because of this mistake.
• If a woman gets pregnant because of a cause beyond her
control, such as rape, it is only fair she should be able to get an
abortion. She may not want a child, so she should be able to
have the choice, for hers and the baby's sake, to get an
abortion. Also, the numbers for how many women who get
abortions because of rape are overwhelming.