Abortion triggers great Indian confusion: Who is right wing, who is liberal?


In India, the Right-wing in the Western sense does not exist. Those the Left and ‘liberals’ call Right are often a lot more liberal, not just in words, but in action

Protestor at downtown Atlanta, 24 June, 2022, following the US Supreme Court’s decision to strike down Roe v. Wade. AP

The US Supreme Court took two decisions last week which torpedoed the very idea of America as a liberal, individual freedom-loving democracy.

It overturned the landmark 1973 Roe versus Wade ruling that established abortion as a constitutional right nationwide. And despite a demented spate of mass shootings recently, it patted gun culture and said American have the right to publicly carry weapons.

It is almost unthinkable that in 2022, the top court of the supposedly greatest nation in the free world should stop women from deciding what to do with their bodies.

But while this tragic spectacle was unfolding in the US Supreme Court dominated by judges appointed by far-Right Conservatives like former President Donald Trump, some Indian self-proclaimed liberals saw an opportunity to attack Indian nationalists. They lump together all non-Left, politically vocal citizens as right wing.

That helps them extrapolate all western right wing bigotry and excesses, like the abortion diktat, in the Indian context. They then have a convenient strawman to attack. Predictably, dog whistling began almost immediately.

But this time around, facts embarrassingly outweigh narrative. The so-called Right-wing government of Narendra Modi has done far more for women just in terms of legislation — leave aside schemes like Ujjwala for LPG, constructing toilets, or promoting sanitary pads — than any self-proclaimed Left, socialist or liberal regime.

Let us start with India’s Medical Termination of Pregnancy (Amendment) Act, 2021. In telling contrast to the US, it extended time limit for abortion to 24 weeks in case of rape survivors and beyond that for those with medical abnormalities. It covered unmarried women as well, relaxed medical approval time limit, and raised punishment for the breach of the woman’s confidentiality.

The Maternity Benefit (Amendment) Act of 2017 increased maternity leave for working women from 12 to 26 weeks for the first two children. It also built in work from home and creche facilities.

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The Criminal Law (Amendment) Act of 2018 increased the minimum punishment for rape of women from seven to ten years. Rape and gang rape of girls below the age of 12 years now carries minimum imprisonment of 20 years and is extendable to life imprisonment or death.

In 2019, the Modi government outlawed instant triple talaq which had ruined the lives of thousands of Muslim women. A simple “talaq, talaq, talaq” uttered by the husband, sometimes on SMS or WhatsApp, would be enough to liquidate the marriage and bring the woman and her children to the streets. Islamists were not pleased.

Another round of outrage happened in 2021, when the government introduced the Prohibition of Child Marriage (Amendment) Bill. This law would raise the age of marriage for women from 18 to 21, giving them more time to study and make mature decisions on work, marriage and children.

When in 2019 the Modi government revoked Article 370 from Kashmir and took away its special status, it restored property rights to Kashmiri women, who earlier could not claim land or house if they married outside the state.

With all this on one side, India’s main Opposition, the Congress, has consistently sided with fundamentalists on women’s issues. The Rajiv Gandhi government infamously overturned the Supreme Court’s 1985 verdict granting alimony to elderly widow Shah Bano to appease violent Islamist protesters and angry mullahs.

In 2013, the Congress government in Kerala tried to surreptitiously lower marriageable age for Muslim women to 16 through a circular. Its government in Rajasthan again tried to be soft on child marriage with the Rajasthan Compulsory Registrations of Marriage (Amendment) Bill, 2021. After uproar, the bill was taken back.

The Congress continues to side with fundamentalists on the hijab controversy, cheering one of the most oppressive instruments of Islamic oppression of women.

All this for votes.

In India, the Right-wing in the Western sense does not exist. Those the Left and ‘liberals’ call Right are often a lot more liberal, not just in words, but in action.

But then labels can be potent weapons in politics, and sometimes it is more inconvenient to demilitarise words than armies.

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