RIGHT TO LIFE: mother V. THE UNBORN
The sad death of Savita Halappanavar
in Ireland due to the stubbon refusal of the ‘Catholic’ medical staff to allow
her an abortion even though a miscarriage was detected, has sparked off
indignant protests not only in Ireland but the world over against such callous
cruelty of an obscurantist government in this modern age and also focused the need
to reconcile the conflicting rights to life of the living mother and the unborn
child. The Irish Constitution guarantees the right to life of the unborn child
too and Irish law outlaws any abortion by any person resident in Ireland .
The only exception as pronounced by the Irish Supreme Court in a 1992 decision {reported in this issue at pp.
55-114} is when the mother faces a real
and substantial risk of death in the course of pregnancy. Savita’s case falls
squarely under this exception but since there are no definite guidelines as per
enacted statute, which lacuna was strongly censured by both the Irish Supreme
Court and the European Court of Human Rights, the religiously orthodox could
inflict such irreversible loss on Savita’s family. In the end the mother was
also thrown out with the baby! This calls for a wide debate over the rights to
life of the born versus the unborn, so to put it. It is commendable that the
right of the unborn child is constitutionally declared and protected but at the
same time it should be harmonized with the equally important right of
preservation of mother’s life too. True, not just Christianity, but even
Hinduism, Buddhism and other oriental religions condemn abortion which is
termed as ‘Bhruunahatya’ (foetus murder) in Hindu scriptures and ranked with
five great sins. But even here, there is an exception of preserving the mother’s
life. The ‘Catholic’ outrage in Ireland can be seen as a sort of over-reaction
to the modern uncaring selfish capitalist culture which spurs and promotes the
wild proft-and-enjoy desires of the individual even at the cost of society. The
promiscuity generated/ tolerated allows irresponsible females aided by likeminded
males not to care for their progeny even, which otherwise they would cherish to
have and bring up. In a society with social ownership of the basic means of
production and with careful social planning, the welfare of all children,
legitimate or illegitimate, could be looked after well by the society itself
and not left to individual whim and fancy. In such a humane socialism, any need
for bhruuna hatyas just for the sake
of hedonistic/base selfish desires may not arise since the society itself would
take over all the obligations in regard to the child with no stigma to the
mother. §§§
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