The much awaited results of the 2024 United States’ presidential election have arrived with Donald Trump as the new elected president. Among the plethora of implications of Trump’s second tenure at The Oval Office, one thing becomes clear: in the tug-of-war for presidential power, the reproductive rights of millions of American women hang precariously in balance.
This election — the first since the landmark Roe versus Wade decision was overturned in 2022, effectively ending nearly 50 years of federal protections for abortion access — was shaped by the aftereffects of that historic shift.
The candidates’ campaigns took notably different approaches, often marked by unpredictability — Kamala Harris ran a passionate campaign, championing the defence of abortion rights, the expansion of healthcare, and urgent action on climate change.
On the other hand, Trump’s campaign leaned heavily on curbing illegal immigration, boosting the economy, and strengthening foreign relations.
Yet, in a surprising shift, Trump moderated his long-held position on abortion, suggesting that, if necessary, he might veto any outright abortion bans that come across his desk.
However, he quickly backtracked on this upon receiving criticism from anti-abortion and conservative groups, on whose support he had previously won the presidential election in 2016.
This softening may be a response to the rising demand for reproductive justice across the nation — a demand that was clearly evident in this election.
On November 5, in 10 states, voters cast ballots on measures to protect or expand abortion access, with seven states passing measures upholding abortion rights.
Since Roe v. Wade ruling was overturned, a total of 13 states have now approved similar referendums. Missouri, one of the first states to ban abortion post-Roe, now appears among the first to reverse that stance, strongly reaffirming public sentiment on reproductive rights.
While there’s much to be said about Harris’s defeat, a critical question remains: What led to her loss? Was her unwavering focus on reproductive justice a factor?
Unlikely.
For the first time, reproductive justice was a central issue in a presidential campaign. However, the reality of elections is more complex. Harris’s passionate advocacy for reproductive rights may have resonated with some, but it may not have been enough to overshadow other pressing concerns — particularly the state of the economy. In the end, promises of job security, national safety, and economic stability often trumps all.
As for the future of abortion rights in America, there’s uncertainty about whether campaign promises will translate into meaningful protections without federal backing.
Globally, data shows restrictive abortion laws don’t stop abortions; they correlate with more unsafe procedures and higher maternal death rates. A study in The Lancet highlights this disparity, noting a 43 per cent drop in abortion rates in countries where it is broadly legal, while countries with restrictive regulations saw a 12 per cent increase.
India presents a contrasting example.
Unlike the US, where abortion rights are increasingly fragmented by state, India has taken steps to ensure national protections that prioritise women’s health and autonomy.
The 2021 amendment to the Medical Termination of Pregnancy (MTP) Act allows abortions up to 24 weeks for specific cases, including survivors of rape and incest.
Additionally, in exceptional cases, no gestational limit is imposed for abortion for substantial foetal abnormalities, with an approval from a medical board, highlighting the government’s commitment to safeguard women’s health.
India’s legal framework on abortion is rooted in Article 21 of the Constitution, which enshrines the right to bodily autonomy. Justice DY Chandrachud's opinion in the 2017 privacy judgement—drawing inspiration from Roe v. Wade—further affirmed that a woman’s reproductive choices are a constitutional right in India. This progressive outlook reflects a strong policy commitment to reproductive justice, even as other countries grapple with the question of abortion rights at a fundamental level.
However, despite a progressive legal framework, India faces significant challenges in ensuring safe access to abortion services. According to a United Nations Population Fund 2022 report, approximately 67 per cent of abortions in India are unsafe. The 2019-21 National Family Health Survey also revealed that the majority of abortions were performed in the private health sector (53 per cent), whereas 20 per cent were performed in the public health sector. More than one-fourth (27 per cent) of the abortions were performed by the woman herself at home.
This disparity means that many women, especially in rural areas where healthcare infrastructure is limited, may resort to unsafe methods. Despite the legal advances, these logistical and access-related barriers prevent many women from fully benefiting from the progressive abortion laws in place.
In addition to these challenges, the gestational limit for abortion is extended to 24 weeks only for certain categories of women and requires the opinion of two doctors. While the Act sets no gestational limit for abortion for substantial foetal abnormalities, such abortions beyond 24 weeks can only be done after an approval from a medical board.
Constituting such a board and getting it to act while the pregnancy clock is ticking remains a massive challenge for women, particularly in rural areas where access to timely healthcare is limited.
These barriers highlight a key issue: even when laws are progressive, the real challenge is making sure services are available to everyone. For women in rural areas or those who don’t have access to abortion services, having the legal right to an abortion doesn't always mean they can get one. The intent of the law—to protect women's health—often falls short because of logistical and systemic gaps. Until these barriers are addressed, the promise of safe and accessible abortion services remains incomplete.
While India has made significant progress on the path to reproductive justice, much work still lies ahead.
The path forward for the US may require learning from developing countries that have made strides in ensuring access to safe and legal abortions. As America faces the future of abortion rights, we hope the new administration stays committed to making reproductive justice a reality, not just a promise.
Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth.