Nandini S. Sohoni, Babasaheb Ambedkar College of Law, Nagpur (R.T.M.Nagpur University)
Abstract
Justice Pardiwala in a case related to termination of pregnancy had opened the judgment with “For centuries, men and women the world over, across the race and creed have asked the question, “Why, God, why?”, when disaster strikes. And, “for centuries, the religion has been trying to answer the question-how a Loving or Just God could allow his children to endure such suffering. The question, “Why Bad Things Happen to Good People?” Torments the soul most during one's hour of grief. However, a convincing answer to the question - “Why Bad Things Happen to Good People” - continues to elude this Court. The toughest decisions the Judges have to make are really those that involve a potential life changing situation for the litigant1.” Such is the difficulty and complexity in the laws of Abortion. It is an argument between life and death. This article deals with the provisions of law existing before and after the passing of Medical Termination of Pregnancy Act. The article also makes an attempt to find out whether the subsequent amendments in the law are progressive enough to tackle the problems in the society.
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