-RIYA CHUGH
Is the Abortion Legal in India? Yes, abortion is completely legal in India, and it’s always a women’s choice to have it or not. Read the complete article to understand the legalities.
Table of Contents
INTRODUCTION
Male and female are the two haves of the human community. Neither can reach their highest level of creative greatness without the help of the other. The role of a woman must be imagined as Rabindranath Tagore expresses it in Chitra: “I am not a goddess to be worshiped, nor am I the object of common devotion to be indifferently swept away like a moth.” If you see me in the face of Want risk and courage by your side, as you share the great responsibility of your life with me, you will discover the true me.”
MEANING
The term Abortion in criminal law means ‘the termination of the gestation by any means and at any time during pregnancy from full fertilization.’ Abortion is the technique of removing the developing embryo from the uterus before its birth.
LEGALITY OF ABORTION IN INDIA
Abortion in India is legal but comes with many complications. Almost 30 years have passed since the MTP Act was passed. Only a symbolic number of abortions, a very small fraction of the millions of abortions performed in India since then, were safely performed under the terms of the law. The World Health Organization (WHO) reported that the estimate is 5.3 million induced abortions in India in 1989, 4.7 million were unsure. This ranks India with more unsafe abortions than any other country in the world. The combination of social shame surrounding abortion and the government’s inability to lead an education campaign has made it difficult for women to get accurate information.
It is not surprising that the government does not provide the necessary information as it is difficult to promote a service that is not available in most places. As no required attention has been paid to educating the public about the MTP Act. Still many women today do not know that abortion is legal. A rural community study in Tamil Nadu’s Vellore district found that 84 percent of 195 women knew where they could get an abortion; but only 13.8 percent knew that doctors do it. Therefore, it is not surprising that women lack important information about what to do safely when they need an abortion.
ABORTION REFLECTS IRONIES IN MODERN LIFE
Niketa Mehta Case
The Niketa Mehta case and the subsequent judgment of the Bombay High Court suddenly brought the important issue of abortion and the social, moral, ethical, and political problems associated with it to national attention. Although the facts of the Niketa case were relatively simple, as was the court’s verdict, the problems that arise are important and far-reaching. As was widely reported in the press, Nikita Mehta and her husband petitioned the Bombay High Court to have their fetus aborted because a prenatal test had determined that their baby could be born with a congenital heart. Anomaly, which could mean your baby has a pacemaker almost from birth. This baby will need intensive care and attention for most of his life. The court dismissed her lawsuit based on the 37-year-old law that prohibits an abortion after 20 weeks unless there are exceptional circumstances, such as a threat to the mother’s life.
Dilemma of Parenting
The court also stated that nothing The medical report confirmed Niketa and her husband’s fears that their baby could be born with a congenital abnormality. We can guess the emotional trauma that the Mehtas have gone through. As any parent can attest, the joy of parenting is equal to the agony of worrying about the health and well-being of your offspring. It is the parent who must watch as their disabled child tries to first understand and then integrate into a hostile environment so unsuited to dealing with their disabled peers, both physically and emotionally.
Debatable Issue
Thus, the human dimension of the problem and the fact that the individual choice on such an issue resonates at a very different level of public debate. Abortion, or medical termination of pregnancy as we call it in India, is one of the oldest methods of fertility control in the world. The reasons for this are varied, ranging from saving the mother’s life, for the sake of the mother’s physical or mental health if the mother is a victim of rape or incest, fetal violence (as in the case of Mehta), or economic and social reasons and in a small percentage of cases simply by order. In Asia alone, more than 9.2 million clandestine abortions are performed each year.
Women’s Opinion on Abortion
The International Coalition for Women’s Health has declared safe abortion a basic human right, stating:
- A woman should be able to choose whether or not to carry a pregnancy to term.
- Abortion should be included in a comprehensive sexual health program.
- Lack of funding and illegality does not reduce the number of abortions; instead, they endanger women’s health.
Abortion is a sensitive issue that arouses strong feelings and strong opinions. Equal access to safe abortion services is foremost a human right. No one is forced to have an abortion where it is safe and legal. In countries where abortion is illegal and dangerous, women are forced to carry out unwanted pregnancies or face disastrous health outcomes, including death. For decades, women’s organizations around the world have been fighting for the right to safe and legal abortion. Moreover, the International Human Rights Law is increasingly supporting these demands.
Abortion – A Human Right
Indeed, international human rights documents and authoritative interpretations of these instruments. They force the conclusion that women have the right to make their own reproductive choices, including abortion. Legal abortion allows women to have autonomy over their own bodies and take care of their reproductive health. If unprotected sex is not a crime, then a mere natural consequence should also be possible. Legalizing abortion also gives women a sense of liberation and freedom to make decisions about themselves and their future.
INDIAN APPROACH
The Indian Medical Termination of Pregnancy Act, 1972 In India, it changed withinside the sixties while the want for liberalization of abortion changed into felt and a country-wide debate took place. The Shantilal Shah Committee, which changed into fashioned on this occasion, deliberated for extra than 2 years earlier than filing its file to the Government in 1966.
Following this, The Medical Termination of Pregnancy (MTP) Act changed into enacted by the Indian Parliament in 1971 and got here into pressure on 01 April 1972. The MTP act changed once more revised in 1975. Sections 312 – 314, IPC make inflicting miscarriage or abortion unlawful however for instances of top faith. The Medical Termination of Pregnancy Act, 1972 is in a manner a permitting clause to those sections of the IPC.
STATUTORY PROVISIONS
Section 3 of the MTP is pivotal. It says;
- Notwithstanding anything in the Indian Penal Code (45 of 1860), a registered medical practitioner who terminates a pregnancy in accordance with the provisions of this Act shall not be guilty of any crime under that Code or any other legislation in effect at the time.
- A registered medical practitioner may terminate a pregnancy, subject to the restrictions of subsection (4).
- (a) Where the pregnancy lasts no longer than twelve weeks, if the such medical practitioner is, or
- (b) Where the pregnancy lasts more than twelve weeks but less than twenty weeks, if not fewer than two registered medical practitioners are of the opinion, formed in good faith, that
- The continuation of the pregnancy would endanger the pregnant woman’s life or cause serious harm to her bodily or mental health; or
- There is a significant chance that if the child is born, they will be severely handicapped due to physical or mental defects.
CASE LAWS
In Nand Kishore Sharma v. Union of India, the court had to assess whether the Medical Termination of Pregnancy Act was constitutional. The Act, particularly Section 3(2)(a) and (b) and Explanatory Note I and II of Section 3 of the Act were found to be unethical and contrary to Article 21 of the Indian Constitution. The court in the case had to decide when the fetus was born and whether the provisions violated her right to life. In this case, the court refused to rule on the fetus’
status as a “person”, but ruled that the law is legal.
In Krishnan vs G. Rajan, the court ruled that while guardian consent is required for an abortion, the consent of the minor is equally important and must be obtained. Case law shows that a woman’s permission is paramount and no one can deny her this privilege.
CONCLUSION
A fetus has no right to be in a woman’s womb but is there with her permission. Because her womb is a part of her body, she has the right to revoke this permission at any time. Permissions are not rights. There is no right to enslave.
The law must protect the mother’s liberty as well as the public interest. There can be various reasons why a woman might want to terminate her pregnancy. This can be due to economic problems, pregnancy before marriage, a third or fourth pregnancy, or a pregnancy resulting from incest or rape. These are just some of the main reasons; one must understand that pregnancy is more than just having children; it is also about raising children. Raising a child is a tall order; There are many things to consider such as B. Your education and well-being.
Legal Thirst has created a telegram group for exchanging legal knowledge, Events, and various opportunities.
You can click on this link and join:
Follow Legal Thirst on Instagram and Subscribe to our YouTube channel for more amazing legal content.
