Addressing Ableism: The Abortion of a Differently-Abled Foetus

Abstract

The right to abortion is sacrosanct to a woman’s bodily autonomy, reproductive autonomy, and privacy. While the Supreme Court of India has been proactive in granting women, irrespective of marital status, the right to abortion, there have been shortcomings on the part of the three branches of government in addressing the inherent ableism propagated in society in considering the abortion of a differently-abled foetus permissible. At the outset, this paper clarifies that it does not advocate for a pro-life approach. It merely recognises the need to eliminate a social wrong while retaining the pro-choice framework that has been laid down in India. This article addresses this issue by highlighting that disabilities are a social construct, and the continuance of such abortions propagates the ableism inherent in society. It also examines whether restricting such abortions from taking place would stand the well-established test of proportionality laid down by the Supreme Court. In conclusion, it lays down a framework that balances the rights of a woman and the benefit received from the larger social goal of substantive equality.