In the old democratic country ‘USA’, recently the rights of women related to abortion curtailed by the Supreme Court of America in its judgment passed on 24th June.
In Roe vs wade case of 1973, the Supreme Court of America recognized the right of abortion of women. This decision was based on 14th constitutional amendment, 1868 which added about liberty and privacy of person which cannot be affected by state in constitution. The court based its reasoning on these two words and gave right to abortion to women. Later in Casey case, 1992 the court upheld the right of abortion and said that childbirth is not only about moral obligation to give birth, before giving birth to child it’s necessary to ensure that the mother is capable of rearing a child financially and emotionally, or it would create an undue burden on the mother.
On 24th June the court held that 14th constitutional amendment, 1868 is not relevant in deciding right to abortion, as there is nothing mentioned the same in the amendment. Further, the court added that there is nothing mentioned in the original constitution of the USA about abortion nor the tradition and culture of America said anything about the abortion.
The court observed that the right to abortion is not constitutional matter, and it’s come under the state to decide about the permissibility of abortion. After an hour of this decision, many states of America declared abortion illegal.
Polls conducted by people of America in which 3/4 population of the country supported right to abortion.
When this decision came in news, the social media flooded with the furors posts of people from several parts of world against the judgment and curtailment of right of abortion of women.
This court while deciding ignored many facts like when the constitution was framed and the 14th constitutional amendment was passed the women have not came under constitutional category of country as we all know that the right to vote given to women in 1920.
At present time when democracy is flourishing in countries like India. America is retreating its Democratic progress by reducing the right of persons; it can be in case of abortion, or it can be in case of right to vote by minorities due to racial discrimination. If men have a right to decide about their bodies and nobody questions that, why the state got the right to impinge on matter related to women body. The court failed in answering what if the baby begotten by rape or incest. How will the women carry that shame throughout her life?
The court overlooked present scenario where women are not only for sexual pleasure or household chores but working as Athletes, Doctor, Engineer, Actor, Pilot, lawyer and in other fields. What if the women decide to have child later and continue with her career?
America, being the face of democracy to other country, Now cannot become the Example of Backsliding Democracy.