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prof s c pratihar (medical practitioner &legal studies)     26 October 2008

law always not rigid but flexible

sir,

     this is in ref to niketa mehta's case.medical termination of pregnancy rules,2003. so far reasons of termination sub head (E) provides that ---where substintial risk that if the child is born ,it would suffer from such physical and mental abnormilities as to be seriously handicapped.with the circumstances and the judgment of high court  the rules should be ammended exceeding 20 weeks time frame, if such foetal defect is detected at the advance stage of pregnancy.further discussion please



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 5 Replies

K.C.Suresh (Advocate)     27 October 2008

It must be flexible Prof. At any point of time if iyt becomes regid there may eneter error in judgement in our system of evidence. It is not fools proof. Circumstantial, presuption, interested testimony etc are some grounds which negatives the regid theory. Always welcomes a flexible stand. Perhaps that may create less evil not grave evils.

N.K.Assumi (Advocate)     27 October 2008

The issue is not whether the pregnancy does not exceeds twelve weeks or twenty weeks, or whether the child born will be born with physical and mental abnormalities etc, as the MTPA has clearly lay down those aspects  in the act. The function of lawyer upholding human rights in this area is whether the embryo is human or not. If the answer is NO the matter ends there if the answer is yes, then whether this mother Earth is an abode for the fit and the perfect human beings only and that the abnormality is a ground for termination.

prof s c pratihar (medical practitioner &legal studies)     28 October 2008

me so happy. our sr members made discussion of high degree of philosophical thoughts like VEDAS----which is nothing but a philosophy.grateful.

Ajay kumar singh (Advocate)     29 October 2008

Law is to be taken by its spirit and not by words.I go with Dr. Pratihar.

Sanjeev Dudhat (Lawyer)     29 October 2008

Flexibility  of thought help to deal with complex and difficult topics like medical termination of pregnancy especially in indian context HELPS to appreciate the situations of unique circumstances


where the veriable factors play a decisive role.rigidity would only waylay the real problem of MTPA


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