Suggestions/Definite answer of the following matters

jpafmat

Journal of Punjab Academy of Forensic Medicine & Toxicology

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Punjab Academy of Forensic Medicine & Toxicology

jpafmat-18-1-021

SHORT COMMUNICATION

Suggestion for MPT act, “abortion on demand”?

Kumar

Lalit

¹Associate Professor, Forensic Medicine, Sri Guru Ram Rai Institute of Medical & Health Sciences, Dehradun

162018

1818484

2018

IndianJournals.com

There is so much ambiguity in the MTP act 1971 for the some points. By taking benefits of these ambiguities in MTP act 1971; so many doctors getting unreasonable monetary benefits while doing MTPs and patients are satisfying their demands.

Suggestions/Definite answer of the following matters

“Abortion on demand” is Legal whether it is demanded by married or unmarried/widows/divorced female result of contraceptive failure. (As 3.(2) in MTP act 1971, explanation

Section 312 to 316 of the Penal Code provided that any person performing an illegal abortion was subject to imprisonment for three years and/or payment of a fine; if the woman was “quick with child”, the punishment was imprisonment for up to seven years and payment of a fine.

The same penalty applied to a woman who induced her own miscarriage. In India, some statute provides certain benefits to unborn child. For example: section.13 of Transfer of Property Act.

Ref: Sec 312 IPC. Causing miscarriage.—whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman.

What's about the pregnancies followed by consensual sexual intercourse in unmarried females (Age >18 Years), widows, divorced and recently married females not willing/prepared for kid?

They can demand for abortion or not?

If they can demand then what is the meaning for Section 312 to 316 of the Penal Code.

as 3.(2) in MTP act 1971, explanation 2, only married word is used. There was no comment on unmarried above 18 years, widows and divorced.

As per law 3.(2) in MTP act 1971, explanation 1, only rape word is used for grave injury to mental health, if unmarried/widow will continue the pregnancy then it will not cause of mental trauma (may be a factor for suicidal attempt) as it is not acceptable in our community.

As in current scenario all such abortions are done by paying high charges to gynaecologist and gynaecologist always fill MTP form – of the reason ii (in the order to prevent grave injury to the physical and mental health of the pregnant women). And no data or record is maintained for that; it also increasing the number of unnoticed mental trauma case.

Are they all saving the life of pregnant Women (unmarried, widows, divorced and recently married females)?

Is this not “abortion on demand”?

Then what's about The Indian Penal Code (Act No. 45 of 1860) permitted abortion only when it was justified for the good faith purpose of saving the life of the woman.

One thing left is equal right of human beings as Article 2 of the Universal Declaration of Human Rights states that “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Then, how can we differentiate between the fundamental rights of females being –married/unmarried/widows/divorcees.

Copy To:

PMO, New Delhi email: connect@mygov.nic.in, indiaportal@gov.in

Member-Secretary, Law Commission of India New Delhi E-mail: lci-dla@nic.in

Member-Secretary, National commission for Women, Delhi Email: ncw@nic.in, sro-ncw@nic.in,lo-ncw@nic.in

CEO (NITI Aayog), Department of Health and Family Welfare New Delhi Email: CEO - niti@gov.in

Secretary, Department of Medical, health and family welfare, Uttarakhand state. Email: secynkjha@gmail.com

Secretary General, IMA Head Quarter. Email: hsg@ima-india.org

Secretary General, The Federation of Obstetric and Gynecological Societies of India Email: fogsi2007@gmail.com

State secretary, IMA Uttaranchal state branch, Email: drdipakdhar@gmail.com