Deliberately termination of fetus is known as abortion. Other words, killing the unborn baby. It is very difficult to lose own blood. Sometimes it’s a situation where Mother has to choose her life over the baby. No matter how hard the situation is, but abortion means killing a person. That’s why this area also need legal aspects, which draw a thin line between good conduct and bad conduct.
Abortion is a human right. Every woman has right to abort, but sometime this right is contrary to the nature’s creation. Nature’s creation needs balance, so in order to maintain the balance mother’s human right is subjected to the unborn child’s right.
In India the abortion is restricted. But people were practicing secretly until the enactment of Medical Termination of Pregnancy. The objective of this act is to terminate the illegal practice and provide right to privacy to women which include right to space and to limit the pregnancy and right to decide about her own body.
Over the course of my life, I have witnessed the government is making laws and rules in order to do good for the country and for its people. The Medical Termination of Pregnancy is one of them, but changing society needs more that’s why this act get amended twice since the enactment. The first amendment was made in 2003 and then in 2020.
Before 1971 enactment the illegal conduct related to abortion was regulated by the Indian Penal Code, 1860. Section 312 of the Indian Penal Code said that intentional miscarriage is criminal conduct. According to this section the person involved in any kind illegal practice related to the abortion, then he/ she would be punished for 3 years prison/fine and if the conduct done by the women availing of the services, then she would be punished for seven years of prison/ fine.
But the Indian penal code was not sufficient to protect the women rights and then the shah committee suggested to enact new law related to the abortion.
Earlier the act permitted abortion only up to 20 weeks of gestation period. But now the recent amendment bill, 2020 increase the gestation period for the abortion, and the period is up to 24 weeks. After the given period abortion is illegal with some exception, like mother is in critical condition or there is crisis in the mother womb and which is dangerous for both the baby and the mother.
In subtle way we can say that the Medical Termination Pregnancy (Amendment) Bill, 2020
· Defines the termination of pregnancy to mean procedure to terminate by surgical methods.
· Extend the gestation period for termination purpose i.e., 20 weeks to 24 weeks
· Not only marital status but unmartial status has also to be consider in order to failure of any method or device to limit the number of children which causes grave injury to the women mental health.
· The act also established the board known as medical for every state, which include a gynecologist, a pediatrician, a radiologist and any other member notified by the state government.
· It also focused on the right to privacy where the name of the women kept in secret who has aborted her child.
The punishment for the abortion in Indian Penal code, 1860 falls under the offences against the human body. The section related to this code says that
· According to section 312 the punishment is to imprison the person with or without the fine up to 3 years, where person voluntarily causes woman with a child to miscarry but the miscarriage has an ulterior motive and if the voluntarily causes miscarry the woman be quick with child, shall be punished with imprisonment which extend to seven years and whit fine.
· According to section 313 the offences is committed without consent then the punishment is for imprisonment for life or imprisonment for 10 years with fine.
· According to section 314 the intent causes miscarriage which causes death to the pregnant woman shall be punishable for the imprisonment of 10 years and also liable for fine.
The changes in the act and the initiative related to abortion in order to protect both, the mother and the child in India, we can see the efforts in the Hon’ble Supreme Court landmark judgment. Some are like:
· Nikhil D Dattar Vs. Union of India
· D. Rajeshwari Vs. State of Tamilnadu
· MUrugan Nayakar Vs. Union of India.
Not only in India the law related to abortion also recognized in many countries, which legalized the practice of abortion with some condition. Abortion is also legal all over the American states and its territories. The law is not all over the country. It may vary from one state to state, may be in one state the law is liberal or may be in other state it is strict. The law related to abortion in USA is present since the country get independence from the Britishers.
Earlier the law related abortion in USA was as similar as English Common Law. But the landmark case Roe Vs Wade changed the whole concept of law related to abortion. The law decriminalized the complete concept nationwide. The judgment was acceptable completely. Anti- Choice Activist and many other politicians refuse to accept the judgment. Their effort was shown when the Trump appointed two Judges at the Hon’ble Supreme Court who have expressed anti-choice views.
The overview of abortion law in some of the states are as follows:
· Alabama, on May 2019 signed a law which restrict the abortion practices at any gestation period. Not even the girl or woman carry a baby is the result of rape or incest. Only one exception in this law is that the mother health is not at risk.
· Alaska the abortion is legal. But the physician should be licensed. But in this state is also not in the favor of legal act, they proposed bill in 2019 to ban legal abortion in Alaska.
· Arizona’s law which similar to Indian Abortion law where it permits abortion as a legal practice but only up to 24 weeks. The patient has to meet physician at least 24 hours before the procedure gets started.
· California where the law for abortion liberal. Anyone who has proper training like mid-wives or nurse can abort the child. No time limit is given for the abortion.
With the above discussion we can say that the penalties are also varied state to state.
Conclusion
Child is the god gift. Miscarriage, Abortion or Termination etc. like words are quite enough to spread cold in the room. No one wants to denies god’s gift, but survival is first. If there is life there is family. So, if the law related to abortion does not permit the legal-status then it means to violates the god’s rule for human survival. Because if a man can survive and he has quite enough resources to fulfil others requirement for their livelihood, only that case abortion should be illegal and we can say that the person has committed crime by killing the newbie.
In point of view California is best because absolute restriction or absolute liberty both are not good. Abortion should be depending upon the mother’s health, newbie’s health and even the person’s financial condition and their maturity also be considered before bringing the baby in the world. Because only giving birth is not enough for the existence in the world. The existence depends upon the food, shelter, education etc. and for that financially establishment is important and for nurture the maturity is also one of the very important essence.
So, the law should be made or amend according to the above discussed requirement.
