Abortion Policy in El Salvador & Ahmedabad
Channel: thesabha | द सभा
Date: 2021-07-01

Yashashree Sutariya 
Student Intern at The Sabha

In 2008, a mother of two from the rural side of El Salvador suffered a miscarriage, when she was rushed to seek medical help at the hospital, she was accused of getting an abortion. The police authorities were called, who handcuffed her to a bed, interrogated her, and then charged the 33 year-old with homicide. She was sentenced to prison for 30 years.
The woman’s real name is not used for the sake of her family’s privacy, thus going by the pseudonym ‘Manuela’. Manuela died two years after her imprisonment due to lymphatic cancer. El Salvador has imposed a total abortion ban, and in situations where the woman ends up having a miscarriage or giving birth to a stillborn, she is often times apprehended for committing aggravated homicide. The draconian policy does not permit abortions even if the woman or child’s life is at risk, or if the pregnancy was caused due to rape or incest. 

On 10th and 11th of March, 2021, the Inter-American Court of Human Rights did a hearing about the lawsuit that Manuela’s family had filed under the claim of human rights violation. Based in Costa Rica, the Inter-American Court of Human Rights serves to protect and uphold basic human rights in the region of Latin America and the Caribbean. This fight for justice has now garnered international attention and it could quite possibly determine the future of the abortion ban policy in El Salvador, the case also termed as the ‘Manuela v. El Salvador’ case.

Most countries in Central and Latin America have restrictive policies when it comes to reproductive rights of a woman, such as abortion. The tiny nation of El Salvador actually granted abortion in case of pregnancies which were results of rape, or a threat to the woman’s life before 1998. It was due to pressure from religious groups, that grew into influence regarding the political decision-making processes that led El Salvador to amend its penal code. With intervention from the Catholic Church, Article 1 of the Salvadorian Constitution was revised to define, that life developed at the very beginning of conception, hence imposing a complete ban on abortions. Anyone involved or found responsible can face time in prison from anywhere between 2 to 8 years, and in extreme cases like Manuela’s, even 30 years. 

According to a report published by the Salvadorian Citizens’ Group for Decriminalising Abortion, between 2000 and 2019, 181 women from El Salvador were convicted with either abortion or aggravated homicide related to stillbirth and miscarriages. Majority of these imprisoned women had a rural background with little to no education, often ranging from 18 years to 25 years of age.

Another woman who was suspected of abortion, and got sentenced to prison for 30 years is Sara Rogel. She suffered from stillbirth in 2012, and was arrested on the account of homicide when she went to the hospital. 

On 25th March 2021, the Indian Ministry of Law and Justice passed the Medical Termination of Pregnancy (MTP) Act. This Act further amended the MTP 1971 Act. Abortion was considered a crime in the country before 1971, under Section 312 of the Indian Penal Code of 1860. The MTP Act entails the time duration till when a pregnancy can be aborted, where the procedure should take place, and who can be registered to conduct the abortion.

With the passing of the MTP 2021 amendment Act, pregnancy can be terminated up until 24 weeks, but only when the woman or child’s life is at risk, or in case the pregnancy is caused due to incest or rape. Although, the 24-week stretch is allowed for exceptional cases once approval is given by two registered medical practitioners only. All unwanted pregnancies, whether the reason is just contraceptive failure or the woman’s mental and physical well-being, can be granted an abortion up to 20 weeks after a single doctor’s approval. So, if a doctor rejects the abortion proposal, the line is drawn. For whatever reason it might be, a pregnant middle-class woman in India can’t get an abortion if its just based on her own choice.

According to an interview with an obstetrician-gynaecologist in Ahmedabad, Gujarat, women who wanted to get an abortion varied from ages 18 to 38, and 90% of the time they were married. Moreover, the most common reasoning behind abortion among these women was that they were newly-weds, and not ready for a child. On the other hand, a 2015 study in The Lancet reported that 78% of the total annual abortions in India, occurred outside medical facilities. According to data collected between 2001 and 2004, the Ministry of Health and Family Welfare stated that more than half of abortions in India are deemed unsafe. Women who are denied or cannot afford to get an abortion, start seeking unsafe options which is why abortion becomes one of the most common causes for maternal mortality.
#AbortionRights #WomenRights