Jyotsna Agnihotri Gupta. Bioethics. Editor: Bruce Jennings, 4th Edition, Volume 1, Macmillan Reference USA, 2014.
Hinduism is a complex belief system. It is more than a religion; rather, it is a way of life. There is no single authoritative text with regard to Hinduism and its beliefs and practices, since it did not emerge as a religion at a specific point in time. The Vedas are largely a compilation of hymns composed over a vast span of time, and within the compositions in the different Vedic texts, a changing material and social order is reflected. Similarly social commentaries, which are used as authoritative classical texts for framing laws even in contemporary India, for Hindus represent a multiplicity of views and practices, given the different locations in space and time and the social backdrop in which they were written. Diversity of practice in both custom and belief is a central feature of the vastly different ways people see themselves as Hindus in contemporary India. This arises from the historical process of the origin of the Hindus who in the first place represented the people living east of the river Indus and who broadly associated with Brahmanical practices that evolved over centuries, as they came to be extended to a range of social-material formations in which people were located in vastly different forms of socioeconomic organization that itself was continuously changing. As the peasant society and culture spread to new areas, it absorbed, assimilated, subordinated, or suppressed alternate modes of belief and practice. This process was marked by both dialogue and confrontation within what was seen to be Hinduism and between Hindus and others.
The concept of Hindu dharma, the basis of ethics in Hindu society, as enshrined in classical texts makes no distinction between social and moral motivations for one’s actions. In fact the two are inextricably enmeshed with each other. Hindu perspectives on the (medical) practice of abortion, including beliefs concerning the human and moral status of the fetus and the obligations of pregnant women, other family members, and society, are derived primarily from Sanskrit texts (the canonical scriptures of the Hindus) ranging from 600 B.C.E. to 600 C.E. It was in this period that the Hindu view on the moral status of the unborn in relation to abortion was developed and established (Lipner 1989), which exerts a powerful influence on the Hindu mind even in the early twenty-first century. The classical texts, tradition, and doctrine are very clear in condemning abortion. It is not only a sin but also a serious social misdeed that imperils the stability and preservation of the social order and structure, with important social and religious consequences. Although the core beliefs remain the same, Hinduism is pragmatic and flexible, adapting to changes in different eras; it does not have a singular, static, dogmatic, and perennial view on abortion and other issues concerning bioethics (Chandrasekhar 1994).
As India is a secular state, the separation of religion and state allows for secular laws on all matters governing life. Abortion has been legal in India since 1971 and is widely practiced. Hindus in general tend to support abortion in cases where the pregnant woman’s life is at risk or when the fetus has a severe congenital abnormality. However, since the 1980s the liberal abortion laws have been misused to prevent unwanted females from being born. There is little public debate on abortion in general; discussion has centered mainly on sex-selective abortion and the proliferation of abortion clinics in urban areas (Visaria et al. 2007).
Hindu Belief System
Hindus believe that all life is sacred; it is a spark of the divine. All creatures have a soul (ātman) and are manifestations of the Supreme Being (Paramātman), and therefore nonviolence (ahimsa) must be practiced. The doctrine of reincarnation, which sees life as a repeating cycle of birth, death, and rebirth, is basic to Hindu thinking. Belief in the eternal law of karma informs the theory of reincarnation. The individual soul reincarnates in new bodies—evolving through many births and deaths until all the karmic results, good and bad, are resolved—and progresses toward the goal of union with the Supreme Being.
The doctrine of reincarnation is used to make a strong case against abortion. If a fetus is aborted, the soul within it suffers a major karmic setback. It is deprived of the opportunities its potential human existence would have given it to earn good karma and be liberated from the cycle of birth, death, and rebirth (moksha). Instead it is returned immediately to the cycle. Thus abortion hinders a soul’s spiritual progress, thwarting the unfolding of the karma of both the unborn and the perpetrator of the act.
The Human and Moral Status of the Fetus in Hindu Scriptures
According to the doctrine of reincarnation, a fetus is not developing into a person but is a person from the moment of conception. The classical texts that are relevant in this context comprise both śruti (the four Vedas, the Brahmanas, the Aranyakas, and the Upanishads) and smṛti (the Dharmasutras; the Puranas; the Dharmaś āstras, including the works of Manu, Yājnavalkya, and Narada; and the Mahabharata) and the evolving compendiums of medical information in Ayurvedic texts, such as the Caraka Samhitā and Susruta Saṃhitā. The soul and the matter that form the fetus are joined together from conception. The soul enters the womb (garbha) with the union of semen and (menstrual) blood at the time of conception, making the fetus a living, individual person (jiva). It has both a subtle body and a reborn soul, including the karmic inheritance that defines individuality and therefore personhood. “The only dramatically different approach is found in the Garbha Upaniaśd, a minor text belonging to the second or third century C.E., which claims that the soul’s descent into matter occurs only after the seventh month” (Young 2004, 54).
The growing embryo (fetus), because of its moral inviolability and physical vulnerability, deserves special protection and respect. An indication of the special status of the unborn is the multitude of rites (prescribed especially in the Rgveda) to be performed at different stages of pregnancy, starting with conception—garbhādhāna and garbhalambhana rites to ensure the blessing and the tutelage of the gods—and continuing with puṃsavana at the end of the first trimester, garbharakṣana in the fourth month, and jātakarma at the time of delivery (Laale 1996). All these rites prove not only the special status but also the special care that the embryo/fetus requires. It was commonly believed that in a relatively advanced stage of pregnancy there is conscious experience in the womb. By the ninth month the fetus was believed to have achieved very substantial awareness. According to the Garbha Upanishad, the soul remembers its past lives during the last month the fetus spends in the womb (these memories are destroyed during the trauma of birth).
The Dharmaśāstras describe rituals called samskāras that mark the various stages in the Hindu life cycle. Several of them protect the fetus at key stages in fetal development. The corollary of protecting the fetus is prohibiting abortion (Young 2004).
Hinduism and Abortion
In Hindu dharma the social and moral principles are inextricably intertwined. From the Hindu point of view, abortion is both a social and a moral transgression. Many Hindus regard the production of offspring as a “public duty,” not simply an “individual expression of personal choice” (Lipner 1989). The social imperative lies in the need to continue one’s line through male heirs and the obtaining of security for ancestral rites to be performed after death (śrāddha).
Hindu scriptures and tradition have from the earliest times condemned the practice of abortion except when the life of the mother-to-be is in danger. Hinduism teaches that the fetus is a living, conscious person needing and deserving protection. The Sanskrit terminology regarding abortion is illustrative for the classical Hindu view on this matter. Hindu scriptures (Ṛgveda) refer to abortion as garbha-hatya (womb killing), bhrunahan (the killing of an embryo), and bhrūṇahatya (fetus murder). A distinction is made between abortion and miscarriage; the latter is called sramsana and garbhasrāva, referring to the falling or emission of the embryo (Lipner 1989; Chandrasekhar 1994). This differentiated terminology suggests the moral distinction between abortion and miscarriage. Whereas the former implies intention and consequently responsibility for killing an embryo or fetus, the latter is unintended and morally neutral.
The Upanishads also condemn abortion. The Kaushitaki Upanishad draws a parallel between abortion and the killing of one’s parents. The Atharva Veda mentions that the fetus slayer, or brunaghni, is among the greatest of sinners. The Gautama Dharma Shastra considers such perpetrators to have lost caste. Losing caste was no small matter; it affected one’s social viability and had serious consequences for the socioreligious standing of the family and even prospects of salvation. Another text compares abortion to the killing of a learned Brahman. The analogy implies that the embryo was a potential male who could grow up to learn the Vedas and perform sacrifices and bring great benefits to both humans and gods. Abortion is ranked alongside particularly grievous acts (the five mahāpātakas), such as thieving, violating one’s guru’s (teacher’s) bed, consuming intoxicants, and matricide/patricide.
Abortion interferes with nature’s arrangement to provide a soul with a new body and is therefore bound to result in unfavorable karma. It is considered a serious violation of the socioreligious order and is proscribed in Hindu tradition and philosophy. Hindu medical ethics stem from the principle of nonviolence (ahimsa). When considering abortion, a Hindu must choose the action that will do the least harm to all involved: the mother and father, the fetus and society. Abortion is a violent act toward a human being (though yet unborn), thus an infringement of the principle of nonviolence. The only situation in which abortion is morally acceptable is when the life of the pregnant woman is threatened.
Classical Hindu medical texts emphasize that the jiva, the individual abode of consciousness, is present from the moment of consciousness onward through the process of fetal growth. Even though all Hindu scriptures argue about protecting the embryo by all means, the Susruta Samhitā (Ayurveda), a medical treatise (c. 100), stipulates what is to be done in case of serious problems during delivery (Chikitsita-sthana chapter 15, Mudhagarbha, dealing with the difficult and malpresentation of the fetus and difficult labor), describing first the various steps to be taken to attempt to save both mother and child. “If the fetus is alive, one should attempt to remove it from the womb of the mother alive” (sutra 5). If it is dead, it may be removed. In case the fetus is alive but cannot be safely delivered, surgical removal is forbidden, for “one would harm both mother and offspring. In an irredeemable situation, it is best to cause the miscarriage of the fetus, for no means must be neglected which can prevent the loss of the mother” (sutras 10–11).
However, as Hinduism is not a textual religion, unlike other major world religions, no practicing Hindu reads the classical texts to derive prescripts for individual behavior in everyday life. Nor do Hindus have a single religious leader whose injunctions must be followed. This makes the practice of religion a largely private and individual affair for one’s own spiritual development and duty to one’s ancestors. It may also explain the noninterference of the religious community in secular politics regarding abortion.
The Medical Practice of Abortion
In modern-day India abortion is widely practiced by Hindus. Abortion has been legal on broad social and medical grounds since the passing of the Medical Termination of Pregnancy Act in 1971. Women have a choice between medical and surgical abortion up to twenty weeks. Unlike the struggle for legal abortion in many countries, abortion has never been a subject of public debate in India. Indian women got the right to abortion without demanding it. Abortion is allowed in the following circumstances: if the continuance of the pregnancy involves a risk to the life of the pregnant woman or injury to her physical or mental health, if the child is likely to suffer from physical or mental abnormalities, or if the pregnancy is caused by rape or the failure of a birth control device. Abortion is not part of the government’s family planning program and is ostensibly only a health measure. However, in practice it is used primarily as a family planning method to terminate unwanted pregnancies.
Despite abortion being legal, the incidence of illegal abortions is alarmingly high. According to the Consortium on National Consensus for Medical Abortion in India, every year 7 million induced abortions are reported (Mittal 2012). Other sources mention that about 11 million abortions take place annually and around 20,000 women die every year due to abortion-related complications. Most abortion-related deaths are attributable to illegal abortions. At least ten times as many illegal abortions are carried out as legal ones, and at least 80 percent of women admitted to hospitals with complications have had abortions performed by unqualified practitioners. A high percentage of women seek help for abortion at a late stage of pregnancy for reasons such as internalized abortion shame, lack of confidentiality, ignorance of their legal rights to abortion and the availability of legal abortion facilities, and above all inadequate health care services.
Sex-Selective Abortion
Modem reproductive technologies, such as preconceptional testing (through sperm sorting or sex selecting the embryo in favor of males), or prenatal sex detection of the fetus through ultrasound scanning, chorionic villus sampling (screening of placental tissue), and amniocentesis (screening of amniotic fluid) followed by abortion of female fetuses (called female feticide) are misused to prevent unwanted females from being born. These technologies provide the scientific tools to perpetuate the embedded gender bias in society (Gupta 2011).
According to the 2011 Indian decadal census figures, there are 940 females for every 1,000 males (Office of the Registrar General and Census Commissioner, India 2011). The number of girls per 1,000 boys in the under-six age group dropped significantly to 914 from 927 in 2001 (the previous census) (Office of the Registrar General and Census Commissioner, India 2001, 2011). Indiscriminate abortion of female fetuses is the reason for this skewed sex ratio. Different reasons have been cited for the widespread abortion of female fetuses, the foremost being the twofold strong familial and societal pressures on women to bear male children, given the patriarchal system of society that places a higher value on sons, and the Indian government’s population policy, which puts pressure on couples to have only one or two children. The illegal promotion of ultrasound machines by business giants and the unethical money-minded radiologists and gynecologists who comply with the demand for abortions also contribute. Strong demands from women’s advocacy groups led to legislation banning sex selection in Maharashtra State in May 1988. This was broadened to the Pre-natal Diagnostic Techniques Regulation and Prevention of Misuse Act of 1996 and the amended Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 2003, which seek to regulate the use of prenatal diagnosis for medical purposes and to prevent its misuse in India.
However, due to the lack of an effective enforcement and vigilance agency, sex selection followed by abortion has become a clandestine practice offered at exorbitant rates at clinics where quality of care cannot be guaranteed, posing an additional risk to women’s health. Although sex selection has been banned since 1994, more than 10 million female fetuses have been aborted in India (Agnihotri 2000, 2003; Patel 2007). The extremely skewed under-six sex ratio in several Indian states proves that legislation does not act as a deterrent.
Conclusion
Hindu scriptures specifically condemn abortion. Abortion is unacceptable in the Hindu perspective, as it is seen to interfere with the natural and necessary cycle of karma and rebirth. It is thus a grave infringement on an individual’s destiny toward the goal of liberation (moksha) and the principle of nonviolence (ahimsa). Traditional Hinduism and many modern Hindus also see abortion as a breach of the duty to secure children for genealogical continuity and to produce new members of society. Nevertheless, the secular Indian laws make abortion a legal practice, although it is often misused to eliminate the births of unwanted females.