Legislation Review – Medical Termination of Pregnancy Act, 1971

Kanu Priya,
Ph.D. Scholar, GD GOENKA University, New Delhi.

Best Citation – Kanu Priya, Medical Termination of Pregnancy Act, 1971, 2 ILECR 1, 2022.

INTRODUCTION

Abortion, a subject often discussed in medico-legal circles, interims various streams of thoughts and multiple discipline, like theology, because most religions have something to say in the matter, ethics, because human conduct and its moral evaluation are the basic issues involved; medicine (in several of its sub-disciplines), because, interference with the body for a curative or supposedly curative issue is at focus; and law, because regulation of human conduct by sanctions enforced by the state through the process of law ultimately become the central theme for discussion

Abortion may be classified into various categories depending upon the nature and circumstances under which it occurs. For instance, it may be either, natural; accidental; spontaneous; artificial or induced abortion .

Abortions falling under the first three categories are not punishable, while induced abortion is criminal unless exempted under the law. Natural abortions is a very common phenomena and may occur due to many reasons, such as bad health, defect in generative organs of the mother, shocks, fear, joy, etc. . Accidental abortion very often takes place because of pathological reasons where pregnancy cannot be completed and the uterus empties before the maturity of foetus. Induced abortions is denied in law as an untimely delivery voluntarily procured with intent to destroy the foetus. It may be procured at any time before the natural birth of the child..

It is believed that out of the many rights one major right of women is the reproductive right. Reproductive rights are the rights of individuals to decide whether to reproduce and have reproductive health. This may include an individual’s right to plan a family, terminate a pregnancy, use contraceptives, learn about sex education in public schools, and gain access to reproductive health service . However, earlier abortion was not permitted and was strongly opposed by the society. It was seen as a murder of the foetus. Abortion got legal sanction only after the famous US SC decision of Roe v. Wade where in it was established that anti-abortion laws violate the right to privacy. This decision made abortion legal in US which were followed by other countries as well. Medical termination of pregnancy act 1971 is one such act passed by India to regulate abortion in our country.