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Medical Termination Of Pregnancy - A Critical Appraisal




Rashi Sunder & Bhavyya Sharma, School of Law, Lovely Professional University

ABSTRACT

“If men could get pregnant, abortion would be a sacrament” - Florynce R. Kennedy

This research paper lays down a thorough analysis of women’s right to abortion as well as the contrasting views of the society and the law. Termination of pregnancy till date has been perhaps the most disputable matter in the biomedical field. It is a subject that has been vigorously examined all over the world and holds very different suppositions as far its lawfulness is concerned. In the Indian Penal Code, 1860, Abortion, is expressed as "Causing Miscarriage" and is considered as a punishable offense.

Right to Abortion is a right granted to women by Indian legislation under Medical Termination of Pregnancy Act, 1971. However, it has certain limitations and conditions that must be fulfilled before aborting a child.

Furthermore, it is a legally permissible act but it as not been granted the status of fundamental right. Many consider it unethical and contest that it is the right of a baby to be born. Whenever a child is conceived alive, the child will achieve legal status.

Moreover, the objective of this research paper is to lay insight on the previous laws and amendments in context of women’s rights that have been instituted over the period of time. This research paper focuses on the core moot issues, Firstly, it emphasises on the women’s health and safety before and after conceiving the child. Secondly, whether or not the abortion is women’s right and how it affects the society.


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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