Need of Revamping Abortion Law

Introduction

An Abortion is basically the end of a pregnancy by termination of the fetus before it is even brought outside of the uterus. An Abortion which occurs naturally or without any kind of medical or non-medical intervention is termed as Miscarriage or Spontaneous Abortion. When pre-planned and deliberate steps are taken to terminate a pregnancy, it is called an Induced Abortion. When we refer to abortion, we refer to induced abortion only. There exist different views around the world regarding the issue as well as different reasons in order to take induced abortion into consideration but the main reasons are societal and woman’s mental or physical condition. Religious, moral and cultural factors also play a major role in deciding the fate of the fetus and affect abortion laws worldwide. The right to life, The right to freedom, The right to safety, The right to reproductive health are the major concerns when it comes to Human Rights which further forms the stances on which existence or absence of abortion laws. When it comes to different jurisdictions when abortion is legal, there are a set of requirements which must be met by the expected mother to receive a safe and legal abortion. This requirement is influenced by the age of the fetus, often using a trimester – based system to decide whether it would be considered legal or not, upon a doctor’s evaluation of the fetus’ viability. Some courts even require a waiting period before the process. Other jurisdictions just ban abortion completely. Many jurisdictions allow a legal abortion to take place under certain circumstances only. These circumstances vary depending on a particular jurisdiction, but may also include whether the pregnancy is the result of rape or incest, impaired fatal development, the woman's physical or mental well-being or the family’s social or economic problems make the child a burden.


This is a companion discussion topic for the original entry at https://www.thelawbug.com/need-of-revamping-abortion-law/

@devpresso This piece is covering all key aspects of case comments, making it promising for aspirants to learn more on abortion laws. Keep going!

Thank you so much @iambandana it wouldn’t have been possible w/o you. :slight_smile: Thanks for that.

Great to know about the Abortion laws and its variants. I would like to know some insights in regard to this article- firstly, want to know further about the abortion laws and medical procedure in case of rape, secondly being a multi-religion country, how Indian law system defines “abortion laws”, and lastly why is it necessary to take consent from a male counterpart to abort?
Thanks in advance!

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Thanks for the questions,
1st - Indian Legal System is quite vague in situations where abortion is required for Rape Victims. A trial must be conducted before an abortion and considering the efficiency of our Judicial Institutions, many a time the trial goes beyond 20 weeks (or 24 weeks in special cases) which makes abortion unlawful under the Medical Termination of Pregnancy Act, 1971, so as you can see it requires amendments. If you wish to read further, I am attaching you an article pertaining to the same: https://scroll.in/article/941210/the-abortion-law-in-india-is-failing-the-women-who-need-it-the-most
2nd - Law doesn’t have different provisions for different religions per se, but people’s self-beliefs and societal pressure do come into play while making the decision, I have written a snippet on the same towards the end in my conclusion.
3rd - There can be several explanations for the same. Some prefer that a woman is not in a logical mindset to make such a huge decision, which is pretty vague in my opinion, Others say that as in most cases, the man of the house provides the bread for the house, so he should be the one taking the decision or permitting to undergo the procedure, which again is pretty vague.
Some countries which have made abortion legal, don’t consider men and women to be equal weighing more power and authority towards the Male Counterparts.
Personally speaking, I believe that if the intercourse was consensual, the abortion should be as well and in case of pure conflict, a third neutral party should be made the mediator.

I hope that I have answered your questions. If you any other questions, do let me know.
Have a great day :slight_smile:

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Hi @devpresso
Do you have a source more reliable than scroll.in We absolutely do not endorse 3rd party content, Request you to link the relevant sources from the law/act.

I have gone through your Article. It’s a nicely articulated one. Keep on writing