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ABORTION AND THE LAW: QUESTIONS FOR FEMINISM

NCJ Number
142040
Journal
Canadian Journal of Women and the Law Volume: 6 Issue: 1 Dated: (1993) Pages: 103-118
Author(s)
N Menon
Date Published
1993
Length
16 pages
Annotation
This analysis of feminist discussions of abortion argues that these discussions produce political contradictions and philosophical incoherence, as indicated by the debate in India over the selective abortion of female fetuses after sex determination tests.
Abstract
Western feminism has traditionally taken the position that the right to abortion is a fundamental and nonnegotiable demand. However, the debate in India illustrates the problematic nature of liberal rights discourse in feminist politics. The women's movement in India has consistently campaigned for legislation to curb the practice of selective abortion of female fetus. However, it is clear that, given the imperatives of the Indian government, particularly in the area of reproduction, little if any possibility exists for achieving truly feminist and transformative legislation. In addition, it is philosophically incoherent to argue for abortion in terms of the rights of women to control our bodies and at the same time demanding that women be prevented by law from choosing specifically to abort female fetuses. Partly as a result of this incoherence, India's feminist movement is both using the rhetoric of women's choice to enhance access to abortion while demanding that women be prevented from aborting female fetuses. Therefore, the women's movement must rethink both the role and the conceptualization of rights. Footnotes (Author summary modified)

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