US judgement: Red flag for feminism

US judgement: Red flag for feminism

The stunning reversal for women in the US has shown just how fragile our hard-won rights and freedoms can be. For decades now, we have taken our bodily autonomy for granted, secure in the protection of statutes. Could we lose it all?

Bhavdeep KangUpdated: Thursday, June 30, 2022, 01:40 AM IST
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“Catastrophic for women around the world”, said French legislator Aurore Bergé of the US Supreme Court judgement removing the constitutional right to elective abortion. The controversial majority ruling will certainly impact tens of millions of women in America, but why are alarm bells ringing in countries that strongly respect pro-choice laws, like France and India?

The answer lies in the question being asked by women everywhere: Could it happen to me? The stunning reversal for women in the US has shown just how fragile our hard-won rights and freedoms can be. For decades now, we have taken our bodily autonomy for granted, secure in the protection of statutes. Could we lose it all?

In France, it has been proposed that the woman’s right to terminate a pregnancy be enshrined in the Constitution, so that it cannot easily be set aside. Such pre-emptive legislation is one way to go. On the other hand, the landmark Roe vs Wade ruling (1973) of the US Supreme Court had recognised abortion as a constitutional right. That right has vanished with the stroke of a pen, leaving conservative US states free to impose abortion bans.

Study after study has shown that unwanted pregnancies have a deleterious effect on women, in terms of physical and mental health, education, access to jobs and income. Anti-choice legislations will wind up reducing their presence in the workforce, and effectively make them second-class citizens.

The judgement is a frontal assault on women’s rights, fundamental to which is control over their own reproductive systems. It shows up the innate illiberalism of a country that purports to impart liberal values to the rest of the world. In effect, the US has joined the ranks of the handful of nations, like Iraq, Egypt, the Republic of Congo, the Palestinian territories and the island of Tonga, where abortion is illegal. It can no longer address the world from a high moral ground.

In India, the judiciary has proactively protected the rights of women, promoted gender parity and ruled against discrimination. On the strength of the apex court’s rulings, women have a right to an equal share in parental property, equal pay, a harassment-free workplace and a safe domestic environment. Successive governments, regardless of political orientation, have backed the judiciary at every step, with statutes and schemes for the benefit of women.

The “beti padao, beti bachao” campaign is a case in point. Prime Minister Narendra Modi did his bit to change patriarchal behaviours with his ‘Selfie with daughter’ thread on social media. In India, the pendulum appears to be swinging in favour of gender parity.

In fact, India has recently strengthened its abortion law. A recent amendment to the Medical Termination of Pregnancy Act 1971 now allows abortions up to 24 weeks against the previous 20, subject to certain conditions. In effect, just about any woman can opt for an abortion during the early stages of pregnancy. The barrier in India is not legal, it is social. Fear of censure drives many women to unsafe abortions.

If the June 24 US Supreme Court ruling teaches us anything, it is that freedoms can never be taken for granted. Laws are mutable, subject to all manner of variables. Poland has enforced a near-total ban, even as Ireland and New Zealand have liberalised voluntary termination of pregnancy.

In the US, President Joe Biden has joined heads of state across the world in criticising the Supreme Court ruling. A campaign to restore Roe vs Wade is already underway, and a recent poll shows that the majority of voters will cast their ballots in favour of pro-choice candidates.

The question is why the campaign became necessary in the first place. What were the 147 elected women representatives in the US Congress doing all along? The danger signals were present, in the restrictions on elective abortion instituted by Texas last year and the appointment of conservative judges to the Supreme Court. Yet, they were caught napping. Clearly, the presence of women in positions of power failed to stop the conservative assault.

This is not to say that improving representation of women in the legislature, executive and judiciary is unimportant. Quite the reverse. In India, the percentage of women in Parliament has been inching upwards, but at 13.5 per cent, is far below most countries of the world. Had the long-lapsed Women’s Reservation Bill, which was intended to provide a 33 per cent quota for women in Parliament and state legislatures, been passed, the number of women in the Lok Sabha would have increased by a hundred.

But the quality of representation is as important as quantity. Token representation, whether in Rashtrapati Bhawan or in the Union Cabinet, will no longer suffice. Women who have a seat at the table are not there merely for ornamental value or good optics; they must not only be seen but heard too, and their views acknowledged and acted upon. And they must exercise eternal vigilance vis-a-vis their rights. There is no room for complacency. What has happened in America must never happen in India.

The writer is a senior journalist with 35 years of experience working with major newspapers and magazines. She is now an independent writer and author. She tweets at @BhavKang

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