The Legalization of Abortion for Non-Consensually Conceived Pregnancies

The legalization of abortion is a highly controversial issue. Cases such as non-consensual conception (defined by the UK government as conception that results from an act to which the claimant did not agree by choice, or did not have the freedom or capacity to agree by choice) make it even more complex. Particularly because it is a product of sexual violence like rape or incest, such survivors are then left to endure pregnancy as well as the underlying trauma, calling into question bodily autonomy and health.

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Ethical and Psychological Considerations

Those advocating for legalization emphasize the fact that every individual has the right to control their own body and make decisions about their reproductive health without coercion. Forcing survivors of rape and incest to carry a pregnancy from such violence can be seen as a violation of this body autonomy. It could negatively impact their mental and emotional well-being as well. A wide range of traumatic reactions such as fear, anxiety, depression, and post-traumatic stress disorder (PTSD) are typically observed after pregnancy resulting from rape or incest. The experience of the childbirth itself may lead to re-traumatization by evoking memories and feelings associated with the assault. Studies have shown that abortion does not lead to worse mental health compared to being denied the procedure. Ensuring access to abortion for survivors of non-consensual conception assures that the right to bodily autonomy is provided.

Conversely, those who oppose legalization often emphasize the belief in the sanctity of life, stating that abortion is morally wrong in all circumstances. They argue that the circumstances of conception, such as rape or incest, is not relevant since they view the fetus as an innocent human life deserving of protection. Some also mention the negative psychological effects of abortion on the survivor. However, studies have in fact shown that being denied an abortion has been associated with higher levels of anxiety and lower self-esteem

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Global and Regional Abortion Laws: Exceptions for Non-Consensual Conception

There are various abortion laws worldwide that exempt pregnancies resulting from rape or incest. A few nations allow abortion based on mental health, which may be used to include cases of rape or incest. Other nations permit abortion in cases of rape but not incest. The Medical Termination of Pregnancy (MTP) Act of 1971 has allowed abortion in India with various restrictions. One of them is the requirement of consent from a registered medical professional. Additionally, MTP Act's Explanation 1 to Section 3(2) states that if a pregnant woman claims that rape was the cause of her pregnancy, enduring the pregnancy is extremely harmful to her mental health.

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Implementation Challenges and the Importance of Human Rights Law

• There are several challenges in implementing laws to allow abortion for pregnancies resulting from non-consensual conception. One of them being the verification process for rape or incest. Survivors are typically required to provide documentation such as police reports. However, sexual assault is significantly underreported, and providing this specific legal documentation may be re-traumatizing for survivors.

• Another challenge occurs due to the potential misuse of rape exceptions for abortion, though data has shown this to be a rare occurrence. Overcoming this by imposing restrictive verification processes, however, may harm genuine survivors who would then face multiple reporting barriers. They may also have a fear of legal repercussions, deterring them from seeking abortion care.

• Limited access to abortion services also poses a significant challenge for survivors. Specifically in rural areas, the lack of clinics, financial troubles, and the social stigma can be considerable barriers. 

International human rights law plays a major role in supporting access to abortion in non-consensual conception. Various international conventions and treaties such as the Universal Declaration of Human Rights, ICCPR, CAT, and CEDAW recognize the rights relevant to this issue. There have even been numerous recommendations from UN Treaty Monitoring Bodies in allowing abortion in cases of rape and incest in several states. Furthermore, the World Health Organization (WHO) asks states to provide abortion services based on the woman’s complaint rather than requiring police examination.  

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Conclusion

The matter of legalizing abortion in cases of non-consensual conception encompasses aspects of justice, autonomy, compassion, and much more. Providing this right to victims can aid in imparting to them the dignity they deserve and preventing further harm to them. This legalization, along with supportive systems, is a crucial step in ensuring the welfare of all individuals of today’s society.

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By Writer Neil Jadhav and Researcher Arya Karvir