IS THE RIGHT TO ABORTION TAKEN AS A OPPORTUNITY TO ABORT A FOETUS WITH A CRIMINAL INTENT ?


Introduction

An abortion is a procedure conducted by a Licensed Doctor to end a pregnancy. It uses medicine or surgery to remove the  foetus and placenta from the uterus. 

Abortion in India is legal and can be performed to the point of 24 weeks (6 months) pregnancy after Medical Termination of Pregnancy act amendment 2021 comes into force by notification in Gazette (Journal) of India with notification of formation of MTP amendment 2021 rules and regulations. Until then, abortion law in India only allows termination of pregnancy till 20 weeks (5 months). In exceptional cases, a court may allow a termination after 20 weeks in which where there is a threat to the mother’s life or to the life of the child. For example, In December 2017, a 13-year-old rape survivor’s father approached the Bombay High Court seeking permission for the termination of a 26-week foetus. Here the girl was repeatedly raped by her cousin. Considering the report of the medical board which claimed that there was greater risk to the pregnant girl’s life if continued.,

The Court held that the girl was physically incapable to deliver a child, and granted permission for termination.Abortion is covered 100% by the government’s national health insurances, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion which includes consultation, therapy, hospitalisation, medication, USG and any follow-up treatments. 

Types of Abortion

Spontaneous abortion (miscarriage): The loss of a woman’s pregnancy before the 20th week, Often 10% – 20% of pregnancies end up In miscarriage.

Induced abortion: When a woman gets a pregnancy terminated voluntarily 

Causes to conduct Abortion:

* Miscarriages

* Criminal intent to kill

Miscarriage: A miscarriage is the unexpected loss of a fetus before the 20th week of pregnancy, Miscarriage is naturally occurring and can cause due to infection, Hormonal irregularities, Improper implantation of fertilised egg in the uterine lining, etc.

Criminal intent to kill: Killing the foetus while understanding that the sex of the foetus is female 

Abortion with a criminal intent

Abortion is carried out to save a mother from dying or is carried on to stop giving birth to a child who can’t live after birth.

But, it was also seen that the term “abortion” has been used to stop the birth of female foetus  as some thought that it was not good to have a girl to be born as the firstborn in some houses, Abortion of a child after knowing the sex of foetus that it is a female, is killing a child before birth and comes under Section 312 of Indian Penal Code 1860 which leads to imprisonment to 3 – 7 seven years. Under Article 21 of the Indian Constitution comes ‘Right to Life’ states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Here it should also be taken into consideration that the foetus also should have the right to live, and abortion should also not be carried for clients stating that they had a mistake and they want abortion as conducting abortion is like taking a life away.

Conclusion

“Like stars are to the sky, so are the children to our world. They deserve to shine!” – Chinonye J. Chidolue

Like stated in the quote a “New Life or Children ” are the future of the world and they are our successors, when we kill them before birth we are stopping the key elements of our future to shine and take forth our legacy, So it all comes to the final verdict of the people to think, imagine and to decide the future.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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