Abortion in India is illegal. However it is
permitted under law only in special circumstances. These include when the woman
was raped, when the child would suffer from severe disability, failure of
contraceptive devices etc. To find out when it is legal to have an abortion,
read further.
Majority of the people believe that abortion is illegal in
India, but in special circumstances when the woman doesn™t really have a choice
abortion is allowed.
The rules with regard to when abortion is legal or not are under
the Medical Termination of Pregnancy Act and it also provides for special
situations in which a woman has the right to have an abortion for her own peace
of mind, like when she was raped.
The decision to have an abortion is under law is in the hands of
the woman and her doctor. The opinion of the father of the child as to whether
the woman can have
an abortion or not is immaterial to determine whether it™s legal
or not.
2) Special Circumstances like when raped, or failure of
contraceptive devices
There are special circumstances provided
under law when regardless of whether it is the opinion of a doctor that having a
child would involve a risk to the life of the woman, cause her grave mental or
physical injury or that the child may be born with severe disabilities, a woman
can have an abortion.
Tip: When the woman was
raped, or was using contraceptive devices and they failed it is assumed that
having a child would cause grave injury to the mental health of the woman and so
she is allowed to have an abortion.
3) For the Unmarried Woman
Abortions for unmarried women are done on the basis of the
assumption that having a child would constitute grave injury to their mental
health.
But they need the opinion of doctor(s) to state that it would cause
such grave injury. Also the doctor has to take into consideration the current
financial and other conditions (like age) of the woman and what would be the
likely situation in the future for the mother and the child, when deciding
whether doing the abortion would be legal or not.
4) Sex Determination Tests
In India, some families would rather have a
son than a daughter. So when it is possible to determine the sex of the child,
many women do the test, or are forced to do the test, and then made to kill the
child if it is a girl. This is known as female foeticide, and to prevent this
from happening (as abortion is legal so foeticide is not a crime necessarily) a
law was passed which made having an abortion after being aware of the sex of the
child, a crime. It is also a crime to do a particular test called the
amniocentesis test, which is a test largely to determine the sex of the child.
There are 927 females to 1000 males in India right now, which indicates that
in spite of preventive measures abortion of the female foetus, and female
infanticide is still taking place.
5) When Something Goes Wrong During the Abortion
When something goes wrong during an
abortion, you have the same rights against the doctor doing the abortion that
you would have against any other doctor who is treating you, or doing a
procedure on you. Your rights are as a consumer of services that he is
delivering as a medical professional.
Remember that abortion in the first twelve weeks at least, cannot be
called surgery or something that requires specialized skill. So your rights are
on the basis of the reasonable care that the doctor should exercise when
delivering his professional services.
6) Causing Miscarriage
In some circumstances, causing a miscarriage or aborting the
child is an offence under criminal law. If a registered medical practitioner
does an abortion according to all the conditions given under the
Medical Termination of Pregnancy
Act then the
abortion is legal. However if a person has caused a miscarriage or abortion, but
it was not done in good faith to save the life of the woman, then this act is
punishable under law. This act is an offence...
- with or without the consent of the woman
- when the woman does it herself
- when the accused does it voluntarily
There are also provisions to prevent the killing of the unborn child, or
preventing the birth of a child when it is not a legal abortion as per the
Medical Termination of Pregnancy Act, or if it was not done in good faith to
save the life of the woman under Section
312 of the Indian Penal Code.
This was done by the government to put an end to the practice of female
foeticide
Adoption
Categories...
1) Divorce
2) Adoptions
3) Marriage
4) Family Courts