Debjyoti Gope, Amity University, Noida
ABSTRACT
“The Medical Termination of Pregnancy Act” was passed in 1974 to legalize abortion in India. This set of law gives out various circumstances and limitations or criterias that need to be fulfilled in order to avail a legal abortion service. The act was amended in 2002 to make it more suitable for the growing mass in the country. The act legalizes and provides the legislative framework for termination of a pregnancy that is within 20 weeks of the gestation period or 24 weeks if it is allowed by doctors. Also in cases of minor, rape or incest, legal abortion services could be availed. The major factor that has been critically examined within this paper is whether the act is in the support of Pro-Life stance which holds the life of a child yet to be born as of prime importance or whether the ast is inclined towards the Pro- Choice stance which holds the rights of women and their choice as the most important. Since ancient times, long before the formation of the constitution, there was status mentioned in the religious texts that talk about abortion. Some of them are of the view that abortion is a complete sin whereas some allow abortion only on certain conditions. With passing time and a rapid increase in technological advancements in the medical field, and also with the increase in knowledge and understanding of the law, the act governing abortion was implemented to support the needs of the population. “The Supreme of India” in various cases have given its verdict which speak for both Pro-Life stance as well as the Pro-Choice stance. In most of the cases, the court tends to uphold the rights of the woman and her choice giving it top most importance where in certain cases the life of the unborn is considered to be of more importance. The laws governing the termination of pregnancy lays out conditions, criterias and limitations. It is on the court to deliberate each case as a unique case and take into account all the facts before giving out its judgment. The laws of abortion of other countries have been taken into consideration and studied to show how it differs from that of ours and also to know about the problems that are faced in those respective countries. Although it cannot be said that the law in our country is perfect as there are several gray areas within the act, it can surely be said that the supreme court makes sure that justice is served as best possible.
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