The Case Against Banning the Morning-After Pill: Protecting Women’s Autonomy

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Social media recently exploded with discussions following a special report in the Indian Express publication that went viral. It mentioned a subcommittee established by the Central Drugs Standard Control Organisation (CDSCO) is expected to propose a ban on over-the-counter sales of all hormonal contraceptives, including emergency contraceptive pills (ECPs) in India. This sparked widespread outrage, as it means a problematic move for all women.

Policymakers appear to be citing “irrational overuse” as a justification for this proposed ban. They say that it creates a misleading report of women misusing these pills, which are known for significant side effects.

The requirement for a doctor’s prescription would be an unrealistic expectation if they ban the over-the-counter sales of ECPs.

Many women depend on emergency contraceptive pills (ECPs) to prevent unwanted pregnancies resulting from various situations. Our nation experiences a considerable incidence of rape and sexual assault. In such cases, the traumatized victims may not feel ready to consult a gynecologist or report the crime for years, but having over-the-counter ECPs allows them to avoid pregnancy. Even if the victim is in distress and struggles to obtain the pills, friends and family can easily help. The requirement for a prescription introduces an unnecessary and potentially life-threatening barrier.

Emergency contraceptive pills (ECPs) serve as a backup option for many families and women especially youngsters to prevent unintended or unwanted pregnancies. The necessity of obtaining a physician’s prescription can create a barrier, whether due to feelings of embarrassment or, for lower-income families, the inability to afford consultation fees.

We cannot overlook the fact that we live in a nation with notable income differences, where spending on sexual health is often not viewed as essential. Over the past several decades, various governmental and nonprofit organizations had to provide free birth control options to manage the population growth. For many families who are struggling financially, paying for doctor visits to access emergency contraceptive pills can become an added tension. This might push them to seek out illegal and unsafe alternatives.

It is also noted that Registered Medical Practitioners (RMPs) occasionally refuse abortions due to the societal stigma surrounding of unmarried women and premarital sexual activity.

Such creators of this law also assumes that all gynecologists are free from small-mindedness. Sometimes they become biases and involve in personal life which ended up being a battle with a patient’s wish to receive a prescription.

Similarly, it’s important to note that many unmarried women turn to unsafe abortions in illegal facilities or attempt procedures at home due to the various restrictions for abortion and by the insensitivity often shown by medical personnel. The likely prohibition of emergency contraceptive pills may further worsen this situation.

As stated in the National Family Health Survey, 27 percent of abortions were performed by women themselves at home. The United Nations Population Fund’s State of the World Population Report 2022 indicates that approximately 8 women in India die each day from unsafe abortions. It also revealed that from 2007 to 2011, 67 percent of abortions were believed unsafe. Unsafe procedures were among the top three contributors to maternal fatalities.

Main issue is  that any prohibition of drug would result in the emergence of a black market sales for hazardous and unregulated emergency contraceptive pills (ECPs). These could reach vulnerable women in urgent situations.

Taking all of this into account, such prohibitions are more detrimental than beneficial. It represents a backward policy aimed at controlling women’s bodies. If the government genuinely fears the misuse of the medication, then raising awareness is the proper approach. They should learn from past family planning initiatives to educate about the various side effects these medications can have on health and propose alternatives for long-term use.

Moreover, if their primary concern is the side effects, the CDSCO’s subcommittee should advocate for funding to research and create better drugs rather than stripping women of their body freedom.

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