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Legality Of Abortion In India: With Specific Reference To Medical Termination Of Pregnancy Act, 2021

Legality Of Abortion In India: With Specific Reference To Medical Termination Of Pregnancy (Amendment) Act, 2021




Shreya, LL.M. (Commercial Law), CMR University: School of Legal Studies, Bangalore

“No womankind can call herself free until she can choose deliberately whether she will or will not be a mother”

ABSTRACT

While some percentage of the people consider that abortion is a murder, but the other part of the people feel that this is the right that has to be given to a woman. Both of these points of view are very widespread in India and also as India is a very religious nation, some are also of an opinion that abortion is a religious offence. In India abortion (by means of surgical or chemical or any other means available) was considered legal from the year 1971. Under the Medical termination of pregnancy (MTP) act which came into force the same year, any adult women who wanted to get an abortion could have done so if the reason stated by her was legal. Later in the year 2021 on March 25, The Medical Termination of Pregnancy (amendment) Act, finally obtained consent from the president. The Laws amends the 1971 act by extending the number of weeks a woman can terminate her pregnancy and defining specified criteria under which a pregnancy can be terminated at any time. It is true that the new amendment has increased the access to abortion but only to a certain extend. Even though abortion is very much legal in India most of the women are not well informed about the same and hence they tend to opt for illegal abortions which are generally unsafe because they are usually performed by someone who do not have a valid medical knowledge. Furthermore, the law has been heavily impacted by other laws and has not kept up with substantial improvements in medical science.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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