• UGI USER
  • Mar 11, 2024
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FRANCE’S PROGRESSIVE STANCE ON WOMEN’S RIGHTS

Syllabus:

GS 2 : 

  • Comparison of the Indian Constitutional Scheme with that of Other Countries.
  • Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.
Source: News18

Why in the News?

  • March 4, 2024, marks a significant milestone in French history as the country enshrines the “freedom of women to voluntarily terminate a pregnancy” in its constitution.
  • This groundbreaking decision, occurring 49 years after the legalization of abortion, sets France apart as the first nation to recognize this right constitutionally.
  • Amid global threats to women’s rights, this move by France sends a powerful message of solidarity to women worldwide.

Historical Context:

  • Influence of Simone de Beauvoir’s 
  • French feminist icon Simone de Beauvoir’s seminal work “The Second Sex” in 1949 laid the theoretical groundwork for pro-choice advocacy, challenging traditional gender roles and advocating for women’s bodily autonomy.
  • Beauvoir emphasized women’s right to autonomy over their bodies, advocating for free, safe, and legal abortion services.
  • Her philosophical beliefs and personal life, marked by an open relationship with Jean-Paul Sartre, faced criticism but paved the way for progressive change.
  • Manifesto of the 343:
  • In 1971, Simone de Beauvoir penned the “Manifesto of the 343,” a powerful declaration signed by prominent women admitting to having undergone abortions.
  • Aimed at challenging societal taboos and advocating for women’s reproductive rights.
  • This act of civil disobedience played a pivotal role in the eventual adoption of the Veil Law in 1975, decriminalising abortion in France and paving the way for greater reproductive freedom for women.
  • Continued Influence:
  • The Second Sex” remains a foundational text for modern feminism, with its enduring relevance reflected in translations such as the Hindi version titled “Stree Upekshita,” recently retranslated to ensure fidelity to Beauvoir’s original intent.
  • The enduring influence of Beauvoir’s work underscores her significant contribution to women’s rights advocacy, culminating in the recognition of abortion as a fundamental right enshrined in the French Constitution.

France’s Feminist Foreign Policy:

  • France’s commitment to feminist principles extends beyond its borders, as evidenced by its feminist foreign policy, which integrates gender equality promotion into all bilateral engagements, development assistance, and multilateral advocacy efforts.
  • Collaborative initiatives such as the Generation Equality Forum highlight France’s leadership in advancing global gender equality, offering opportunities for partnership and cooperation with nations like India.

Simone Veil’s Contribution:

Veil Law:

·   Inspired by the manifesto, the Veil law, named after Health Minister Simone Veil, legalized abortion in France in 1975, marking a significant victory for women’s rights.

 

  • The legacy of Simone Veil, another iconic figure in the fight for women’s rights, further exemplifies France’s commitment to gender equality, as she championed the legalization of abortion as France’s Health Minister in 1975.
  • Veil’s remarkable journey from surviving Auschwitz to becoming the first female leader of the European Parliament serves as a testament to her resilience and unwavering dedication to advancing women’s rights.
Abortion Laws in India

Historical Background :

·    The colonial-era Indian Penal Code, 1860, criminalized abortion, except when necessary to save the mother’s life.

·    India legalized abortion in 1971 with the enactment of the Medical Termination of Pregnancy Act, 1971 (MTP Act).

·    Despite the MTP Act, Section 312 of the IPC still criminalizes causing miscarriage except for saving the mother’s life.

Current Scenario and Reproductive Autonomy:

·    Abortion laws in India raise questions about reproductive autonomy and women’s rights.

·    The right to decide about one’s body is fundamental, and restrictions on abortion may infringe on this autonomy.

·    Recent debates, including a case of a woman seeking late-term abortion due to post-partum depression, highlight the complexities of the issue.

·    The Supreme Court’s opinion is divided on whether the fetus has the right to survive independently of the mother.

Medical Termination of Pregnancy Act (MTP Act):

·    Enacted in 1971 to provide a legal framework for safe abortions and address health risks.

·    Allows termination up to 20 weeks under specific conditions: risk to the mother’s life, physical or mental health, fetal abnormalities, or pregnancy resulting from rape or contraceptive failure.

·    Pregnancy termination must be performed by a registered medical practitioner.

·    The 20-week limit has been a subject of debate, with calls to extend it, especially in cases of late-detected fetal abnormalities.

MTP Amendment Act, 2021

·    Introduced amendments to increase the gestational limit for abortion from 20 to 24 weeks.

·    A significant step to provide women with more flexibility in reproductive choices.

·    Extended benefits to all women, including single and unmarried women.

·    Accompanied by MTP (Amendment) Rules, 2021.

Landmark Cases under MTP Act:

1.   Suchita Srivastava v. Chandigarh Administration (2009): Recognized the right to terminate pregnancy as a Constitutional right under Article 21.

2.   High Court on its Own Motion v. State of Maharashtra (2018): Upheld that forcing a woman to proceed with an undesired pregnancy infringes upon her bodily autonomy.

3.   XYZ v. State of Maharashtra (2021): Bombay HC allowed a 26-week pregnant woman to abort based on socio-economic conditions and the impact on mental health.

 

4.   X v. Principal Secretary, Health and Family Welfare, Govt of NCT Delhi (2022): SC granted all women the right to terminate pregnancy within 24 weeks under the MTP Act, 1971.

Potential for Collaboration with India:

  • India’s historic commitments to women’s rights, including participation in international forums and partnerships, align with France’s objectives, presenting opportunities for joint efforts to further gender equality globally.
  • Strengthening diplomatic ties between France and India can amplify their collective impact in advancing women’s rights and fostering meaningful change on a global scale.

Conclusion:

France’s progressive stance on women’s rights, epitomized by the constitutional recognition of abortion rights, honors the legacies of Simone de Beauvoir and Simone Veil. Through diplomatic efforts and international collaboration, France and India can work together to promote gender equality and empower women worldwide.

Source:

https://www.thehindu.com/opinion/op-ed/frances-exceptional-women-their-imprint-on-diplomacy/article67936231.ece#:~:text=The%20heritage%20of%20these%20exceptional,undertakings%2C%20development%20assistance%2C%20and%20advocacy

Mains Practice Question:

Discuss France’s recent milestone in enshrining abortion rights in its constitution. Compare France’s progressive approach with India’s journey in shaping abortion laws and safeguarding reproductive autonomy.