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 Every year 6.7 million abortions take place in India but the sad part is that 5.7 millions are illegal. The place and technique used in most of the illegal cases are unsafe and unhygienic,

"The result is obvious - India has a steep maternal mortality rate of 498 per 100,000 women, which is very high as compared to other countries,

We are following 38 year old law of abortion which prohibits abortion after 20 weeks, unless under exceptional circumstances such as a threat to the mother’s life. The time limit of twenty weeks may be crossed only when the procedure is performed to save the life of the woman. Importantly, pregnancy that results from rape or failure of a contraceptive device between married couples is viewed as causing grave injury to the mental health of the woman. In the Nikita Mehta case court also said” the gestational period had progressed much beyond the prescribed period and was past twenty five weeks. Many countries like Canada, Korea, China, Germany, France and several other European countries have comparatively liberal laws on abortion. Canada goes to the extent of not interfering with the issue at all and leaves it entirely to the woman and her physician. The woman is perceived as having complete liberty upon her person and the fetus is seen as a part of her body, acquiring the status of a person only after birth. Korea permits abortions till twenty-eight weeks but spousal consent is mandatory for married women. I think the mother has the right to terminate her child if the child faces some complications. In India, legal abortion beyond 20 weeks can only be done in certain circumstances. It's good that the MTP act will be amended in the wake of the Niketa Mehta case. If complications arise either in the mother or the child or some rare disease that the child suffers from, then the legal period needs to be increased to 24 weeks or above. I think that it's a women's choice if she wants to abort the child or not if any disorder is detected in the child. Niketa Mehta's case is an eye-opener; many mothers must have faced similar problems. The government should implement the law as soon as possible. Because Across the world, each and every country follows the 24 week rule for abortion then why should India be an exception? India is progressing in every field then why not Alter our law to determine better health care and facilities for the mother. Extending the weeks for abortion would be a step towards a healthy and a developed society.


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Category Constitutional Law, Other Articles by - G. ARAVINTHAN 



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