Women’s Health Protection: Who Is Next?
Women’s Health Protection Bill
The Women’s Health Protection Bill aims to provide rights to the women across the US to have access to abortions during the pregnancy. This bill was presented before the Senate following the declaration of abortion illegal in the US by the American Supreme Court.
Read this article ‘Who is Next?’ by Shalvi Leel and get ready to explore how this decision impacts each and everyone of us and the impact of this judgement across the globe.
Who Is Next?
The Women’s Health Protection Bill proposed before the US senate witnessed a shortfall of 11 votes before it could be turned into an Act. This voting succeeds the judgment given by the American Supreme Court making abortion illegal, thereby reversing the impact of the decade long landmark case of Roe v. Wade and ending 50 years of federal abortion rights.
Roe v. Wade is a celebrated case in which the then presiding justice, Harry A. Blackmun recognized abortion as a ‘Right to Privacy’ thereby legalizing it at any stage of the pregnancy. However, this decision was overturned by Justice Samuel A. Alito, Jr. thereby declaring abortion as illegal once fetal cardiac activity is detected, in response to the ‘Texas Heartbeat Act’.
Out of 448 articles, 25 parts and 12 schedules of the Constitution of India, a majority of the provisions have been borrowed from other constitutions; one of them being an independent judiciary organ of the constitution, coming from the US, providing justice to the aggrieved parties.
While interpreting the Constitution, lawmakers have relied on several principles and aids, one of the external aids of interpretation being the ambit of ‘judicial decisions’ arising out of the interpretation arising from the verdicts, orders and decrees from foreign courts of justice. For instance, recognizing the feature of a separate legal entity for companies in India as per The Companies Act after the landmark case of Salomon v. A Salomon & Co. Ltd.
Now the question is ‘Who is Next’ after the United States? Thousands of people are taking over to the streets of Washington D.C. urging the Supreme Court to reverse its decision.
But what is next, who is next?
Even if these judicial decisions are going to be referred to in many hearings across the world, it becomes important for us to not merely understand the remedy behind the question. We also need to look at the world not just through the judicial lens but also through the substance lens.
It becomes necessary for us to not only make sure the justifiability of future laws and consistency with the fundamental rights, but also to determine the impact of abolishing such rights while adhering to the basic framework that sustains it.
To address the question how it impacts me, it is important to recognize and legalize the rights in exceptional circumstances where the birth of a child comes at the cost of a healthy and meaningful living. Before any other court of justice outside the jurisdiction of the US tries any such matter in law, we should be able to ensure; amidst the question of law and the question of fact; that every child leads a dignified life which he/she truly deserves and dreams of.
While attempting to identify Who Is Next, let’s not forget who we are; what unites us to fight for equality and justice together; what holds us in complete discipline to the supreme law of the country; what defines us; and how we need to build a world with stronger values flowing out of the people that hold it stronger.
About The Author
Shalvi Leel, is a first year undergraduate student at Shri Ram College of Commerce, Delhi University and an avid connoisseur of business, administration, research, music and other finer things in life eager to discover new opportunities around her.
She has been working with India’s largest NGO working for children, Child Rights and You (CRY) that urged her to write down her thoughts and present them before the world with ‘Who is Next?’
It is often said that asking the right questions is as important as getting the right answers. Who is Next is indeed the question to ask, in this context