abortion

Gender stereotypes and norms have always been at the centre stage of debate on the masculine construct wherein the society dictates functional ideals based on the sex of an individual and its consequence becomes apparent in the sex-linked stereotypes in any functioning space. Such a stereotype is seen in disproportionate contraceptive burden on Indian women owing to the lack of male involvement in family planning. The blatant agreement on the statement, “contraceptive is women’s business,” serves as an evidence of such masculinity in the reproductive sphere.

A study conducted among law enforcement officials in seven countries across Asia by the Asia Safe Abortion Partnership to measure the level of knowledge, attitude and awareness of women’s rights as well as safe and legal abortion shows lack of understanding about the Medical Termination of Pregnancy Act and the subsequent amendments. Many lawyers believe that even if it did become a regular component of the law curriculum, there would be few takers, given the low potential for such cases in the practice. In the current environment, where the issue of implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act tends to wrongly overshadow discussions on safe abortion and the MTP Act, these views are important as they affect the way safe abortion is perceived as a women’s right and have an impact on restriction or liberalisation of women’s access to safe abortion services.

This article makes an enquiry into the right to abort in surrogacy contracts as visualised by the bill on Assisted Reproductive Technology drafted by the Indian Council of Medical Research and introduced in Parliament in 2010. It argues that the bill's anti-abortion clause raises important questions of ethics, fundamental rights as well as legal remedies, if any, in the event of a breach of contract.