Excerpt of The Hill op-ed authored by GJC Legal Advisor Ashita Alag.
In a moment with major repercussions for the future of reproductive rights around the world, the Supreme Courts of India and the United States issued historic rulings on abortion only a few months apart. In the U.S., the fall of Roe v. Wade in June unleashed havoc on the country’s health care system. Yet, in India, the story has unfolded far differently.
Last month, the Supreme Court of India held that a distinction made in Indian law between married and unmarried women and their access to abortion up to 24 weeks was arbitrary and should be abolished. The ruling in the case X v. The Principal Secretary, Health & Family Welfare Department further expanded the right to abortion by clarifying that the listed set of circumstances that allow women to receive abortions up to 24 weeks under current law is not exhaustive. As a result, the right to abortion should be extended to all women who undergo a change in their material circumstances. The court further explained that this could include instances such as financial insecurity caused by losing a job or being diagnosed with a chronic illness.