Thursday, 10 February 2022

Right to Abortion in India

 Right to Abortion in India

Human rights are those rights that should be available to everyone without any type of discrimination. The cornerstone of freedom is the recognition of all members of the human family's inherent dignity and equal and inalienable rights. The right to life is a human's most essential right. It is the most fundamental human right, from which no exceptions can be made. It is unassailable. The arbitrary deprivation of life is prohibited under Article 6(1) of the International Covenant on Civil and Political Rights. However, there are several contentious concerns surrounding this greatest privilege. The right to abortion is one of these issues. It is thought that every woman has the right to abortion, among other things, it is a universal right. But the rights of the mother are to be balanced with the rights of the unborn.

Induced abortions have been a subject of discussion and controversy throughout history. An individual's personal viewpoint on complicated ethical, moral, and legal issues is inextricably linked to his or her value system. The morality of induced abortion and the ethical limit of the government's legitimate authority are two aspects of a person's abortion position.

Individual rights, such as the right to life, liberty, and the pursuit of happiness, support a woman's right to have an abortion. The reproductive and sexual health of a woman influences her reproductive decisions. Reproductive rights are widely acknowledged as essential for furthering women's human rights and supporting development. In recent years, governments from all over the world have acknowledged and pledged to advance reproductive rights to an unprecedented degree. Formal laws and policies are crucial indicators of government commitment to promoting reproductive rights. Each and every women has an absolute right to have control over her body, most often known as bodily rights.

In India, abortion is legal if the pregnant woman's life or physical or mental health would be jeopardised if the pregnancy were to continue.

Many people used to abort their babies. Because it was illegal, it was done behind closed doors. With the passage of the Act, medical abortion became lawful, subject to specified criteria to protect the mother's health.

In Vedic, Upanishadic, laterpuranic(old) and smriti literature, abortion is strongly prohibited. The Medical Council of India's Code of Ethics states in paragraph 3: "I will preserve the highest regard for human life from conception."

The right to privacy is implied in Article 21 of the Constitution, according to the Supreme Court. The Medical Termination of Pregnancy Bill was passed by both the Houses of the Parliament and received the assent of the President of India on 10th August, 1971. It came on the Statute Book as the "The MTP Act, 1971". This law guarantees the Right of Women in India to terminate an unintended pregnancy by a registered medical practitioner in a hospital established or maintained by the Government or a place being approved for the purpose of this Act by the Government. Not all pregnancies could be terminated.

In India, abortion is legal in certain situations, as abortion laws in India for unmarried girls, rape victim, and married women varies.

When you terminate the pregnancy after the prescribed legal period for an abortion in India, it is called foeticides. And when you terminate before that it is called abortion.

The term abortion refers to the deliberate medical termination of pregnancy in India. As IPC also governs Indian abortion laws, so Sections 312 to 316 of the Indian Penal Code 1860 lays down situation. These states as to when abortion is illegal and punishable under the law. The law states that causing of a miscarriage woman is a crime under the code.

Also, any person who voluntarily causes a woman with miscarriage will face punishment imprisoning up to 3 years and fine. Especially, if such miscarriage is not caused in good faith for the purpose of saving the life of the women.

India will now stand amongst nations with a highly progressive law which allows legal abortions on a broad range of therapeutic, humanitarian and social grounds. It is a milestone which will further empower women, especially those who are vulnerable and victims of rape,” Union Cabinet Minister for Textiles and Women and Child Development Smriti Irani wrote in her blog.

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