HINDUISM AND ABORTION: A TRADITIONAL VIEW by Ravin Kumar Ramdass Submitted in fulfilment of the requirements for the degree of Master of Arts, Religious Studies, School of Human and Social Studies, Faculty of Human and Management Sciences, University of KwaZulu-Natal, Pietermaritzburg 2004 DECLARATION The author hereby declares that the contents of this dissertation, unless specifically indicated to the contrary, are his own work, and that the dissertation has not been submitted simultaneously, or at any other time, for another degree. RAVIN KUMAR RAMDASS • FOR MY LOVING PARENTS RABIKISOON AND HEMRAJI RAMDASS ABSTRACT This study entitled "Hinduism and Abortion: A Traditional View" outlines what the Hindu Smriti and Shruti texts have to contribute in the abortion debate. It is important to consider what an ancient tradition, Hinduism, has to contribute with regard to a modern controversy. The study undertakes a cursory look at bioethics and then proceeds to examine the Hindu world view and the Hindu view of the unborn. The important Hindu teachings with regard to dharma, kama, the ashrama dharma system, the samskaras and karma and reincarnation are considered in some detail. The unborn is considered not only in terms of its embryological development but also in terms of its social and spiritual significance. This study concludes that Hinduism is opposed to abortion except in certain very specific circumstances, for example, severe congenital abnormalities in the foetus, where the continued pregnancy is life-threatening for the mother, rape and incest. The traditional Hindu standpoint is pro-life and the Hindu scriptures provide a comprehensive and multi-faceted argument against abortion. The foetus is considered sacrosanct from the moment of conception. The view arrived at in this study is that the foetus is a person with rights, and abortion is a violation of those rights. Abortion is considered to be murder. An important and salient contribution from a Hindu perspective is the fact that the foetus is a bio-psycho-socio-cosmological and spiritual being and as such the abortion debate transcends individual ethics thus raising important social and cosmological concerns. Hinduism has much to contribute to the abortion debate and many of the Hindu teachings cited in the study are relevant for today. Celibacy, the Hindu view that the sexual act ought to be seen as a deeply spiritual act, the emphasis on the Ashrama Dharma system and ahimsa are important principles that need to be emphasized to face the challenges of the increasing demand for abortions. ACKNOWLEDGEMENTS 1. Ishvara (God) without whom this work would not have been possible. 2. Mr P S Maxwell, my promoter, for his guidance and untiring support. 3. My dear wife, Shabnum, my mother and children, Shivanthra, Riyanthra, Swayam Prabha and Kavishvara for their patience, encouragement and support. 4. My dear friend, Professor Anantanand Rambachan for all his advice and support. 5. My dear brother, Mr S Ramdas for proof-reading and advice. 6. My nephews, Rivaaj, Viraj and Yashveer for all their help. TABLE OF CONTENTS No Title Page 1 INTRODUCTION 1 1.1 Introductory Remarks 1 1.2 Hinduism: Definition \^ 1 1.3 Abortion: Definition 3 1.4 Overview of Study 4 2 BIOETHICS 6 2.1 Introductory Remarks 6 2.2 Bioethics: An Exposition 6 2.3 A Brief History of the Development of Bioethics 8 2.4 Bioethics and Abortion 11 2.5 Concluding Remarks 16 3 THE HINDU WORLD VIEW 18 3.1 Introductory Remarks 18 3.2 Man, the Cosmic Being 18 3.2.1 Introduction 18 3.2.2 Man, Cosmos and Creator 19 3.2.2.1 Man and the Cosmos: An Evaluation of Shruti 19 3.2.2.2 Man and the Cosmos: An Evaluation of Smriti 31 3.3 The Human Person as a Social Being 35 3.3.1 The Purushartas 35 3.3.1.1 Artha 35 3.3.1.2 Kama 37 3.3.1.3 Dharma 43 3.3.1.4 Moksha 48 3.3.2 Ashrama Dharma 50 3.3.2.1 Brahmacharya 51 3.3.2.2 Grihastha 51 No Title 3.3.2.3 Vanaprastha 62 3.3.2.4 Sannyasa 63 3.4 Karma 63 3.4.1 The Origin of the Idea of Karma ^-- 63 v 3.4.2 The Law of Karma v" 65 3.5 Concluding Remarks 70 4 HINDUISM AND THE HUMAN FOETUS 72 4.1 Introductory Remarks 72 4.2 Conception of the Human Foetus 72 4.2.1 The Samskaras 74 4.2.1.1 The Garbhadana Samskara 74 4.2.1.2 The Pumsavanam Samskara 75 4.2.1.3 The Semantonnayana Samskara 76 4.3 The Formation of the Embryo 78 4.4 Foetal Development 81 4.5 Care of the Pregnant Lady 85 4.6 The Status of the Foetus in the Hindu Tradition ^ } 86 4.7 Concluding Remarks 91 5 THE HINDU PERSPECTIVE ON ABORTION 92 5.1 Introductory Remarks 92 5.2 The Teachings of Hinduism and Abortion 92 5.2.1 The Concept of Dharma as it Relates to the Issue of Abortion 92 5.2.2 The Purushartas and Abortion 94 5.2.3 The Hindu View of Marriage and Abortion 98 5.2.4 The Concept of Atman, Paramatman and Abortion 101 5.2.5 Advaita and Abortion 104 5.2.6 Karma and Abortion 104 5.2.7 Reincarnation, Rebirth and Abortion 108 No Title Page 5.2.8 The Ashrama Dharma System and Abortion 111 5.2.9 Hinduism, Celibacy and Abortion 111 5.2.10 The Hindu View of Creation and Abortion 112 5.2.11 The Five Cardinal Values of Hinduism with Specific 113 Reference to Ahimsa and Abortion v^-—• 5.2.12 The Implications of the Hindu Samskaras for Abortion 115 5.3 Hinduism on Abortion Specifically 117 5.3.1 The Importance of Progeny 117 5.3.2 Ownership of the Foetus 125 5.3.3 The Hindu view of the Foetus and its Implications for Abortion 133 5.3.3.1 The Unborn: Moral and Spiritual Significance 133 5.3.3.1.1 Protection of the Foetus 133 5.3.3.1.2 Personhood of the Foetus 139 5.3.3.1.3 Spiritual Significance of the Unborn 142 5.3.3.1.4 Respect for Pregnant Women 146 5.3.3.2 The Social Status of the Unborn v__-— 147 5.3.4 The Time of Conception and its Implications for Abortion 150 5.3.5 Does Hinduism allow Abortion in Special Circumstances? 150 5.4 Concluding Remarks 152 6 CONCLUSIONS AND RECOMMENDATIONS 153 7 BIBLIOGRAPHY 160 CHAPTER ONE: INTRODUCTION 1.1 Introductory Remarks This study entitled, "Hinduism and Abortion - A Traditional View" is undertaken to determine what the Hindu perspective on abortion is. It is important that this perspective is understood as Hinduism is considered to be one of "the oldest of all living religions" (Sivananda, 1988 p3)and abortion contemporarily is the subject of much debate. (Beauchamp & Walters, 1978 pi 87) When one considers the issue of abortion, two opposing points of view seem prominent. There are two well documented viewpoints on the issue of abortion: the pro-choice view and the pro- life view and these juxtaposed positions on the issue raise several important ethical dilemmas. This study therefore considers it interesting and important that consideration be given to what Hinduism has to offer in this debate on abortion and the pro-abortion view. As this study considers the Hindu perspective on abortion, it is important to elucidate what is meant by Hinduism and what is meant by the term abortion. 1.2 Hinduism: Definition In the context of this study, a brief definition of the term "Hinduism" is discussed. As mentioned above, Hinduism is considered to be one of the oldest religions: "Hinduism is the religion of the Hindus, a name given to the Universal Religion which hailed supreme in India." (Sivananda, 1988 p3) "Hinduism is the dominant religion of the vast Indian sub-continent, and since the beginning of its history has profoundly influenced the lives and thoughts of countless millions of the Indian people from the cradle to grave." (Nikhalananda, 1982 pi 9) Sivananda, in defining Hinduism, points out the timelessness of this religion and goes on to suggest that it is the source of all religions: "Hinduism is as old as the world itself. Hinduism is the mother of all religions. Hindu scriptures are the oldest in the world." (Sivananda, 1988 p4) 1 This assertion that Hinduism is one of the oldest religions is emphasized as the debate on the question of abortion is a fairly recent one and it is therefore interesting to consider how one of the oldest religions of the world approaches this fiercely debated issue as affirmed by Rosenfeld and Kunnes: "No single health-related issue today engenders more controversy, debate and even violence than does the topic of abortion." (Rosenfeld & Kinnes, 1994 pi 29) Hinduism is also known by the names Sanatoria Dharma and Vaidika-Dharma. Sanatana Dharma means eternal religion. Vaidika Dharma means the religion of the Vedas which are the foundational scriptures of Hinduism. (Sivananda, 1988 p 4) ot being a historical religion like Buddhism, Christianity, or Islam, each of %» which has been articulated by the teachings of its individual founder, Hinduism baffles all attempts to give it an easy and convenient definition; the truths of the Hindu scriptures, the Vedas, were not formulated by historical persons. Moreover, the universal nature of Hinduism frustrates any endeavour to confine it in exact statement; the Vedas preach an impersonal reality as ultimate truth, and not the Personal God, though they make room for such a God and for other divinities. (Nikhalananda, 1982 p21) The insight provided by Andrew Wilson into Hinduism is deemed interesting and necessary as the concepts he elucidates will underlie much of the discussion in the later chapters. If one might hazard a list of common features of Hindu faith and practice, it might include: (1) Brahman or Ultimate Reality is both personal and impersonal and appears in many forms; (2) it is accessible through a variety of paths (margas): knowledge (/nana yoga), devotion (bhaktiyoga), and action (karma yoga) and (3) it is realized by those sages who have attained union or communion with that Reality. (4) On the other hand, creation and the phenomena of worldly life are temporal and partial; they conceal the total Truth and its realization. (5) Hindus further hold the doctrine of karma which says that each thought, word, and action brings appropriate recompense, thereby upholding the moral 2