Medical termination of pregnancy
dev kapoor
(Querist) 12 May 2012
This query is : Resolved
A Doctor(RMP) came to me for advoce:The brief case is that a married woment signed the requisite form for termination of early pregnancy,which this Doc did in a Nursing Home where usually all operations etc are being regulatrly done.This lady's estranged husband lodged a criminal complaint before CJM & after inquiry u/s.202,case u/s.312/315 IPC was presented,committed & a charge is framed against the lady & this Doc.
Whether this is justiable ? If yes, plz cite some law.If not,how? Plz cite some Law.However my opinion is a charge u/ss.312 & 315 cannot be levelled at the same time read with MTP Act.
Regards
Sudhir Kumar, Advocate
(Expert) 12 May 2012
please read MTP Act 1971 it provides certain exceptions to S/312/315. Please see whether these apply to this case
ajay sethi
(Expert) 12 May 2012
consent of husband is not required for termination of pregnancy by wife . her consent is ufficent
ajay sethi
(Expert) 12 May 2012
Husband's consent not required for abortion: HC
TNN Oct 7, 2011, 02.28AM IST
Nirav Tarkas|husband's consent|Gujarat High Court|Chartered Accountant|abortion
AHMEDABAD: Nirav Tarkas tried hard for eight long years to get his wife prosecuted for her decision to terminate a pregnancy without his consent. However, all courts dismissed his applications on the ground that the consent of husband was not required for abortion. Recently, the Gujarat High Court too rejected his plea.
A chartered accountant from Vadodara, Tarkas came up with peculiar case stating before a magisterial court that when his wife was pregnant, she along with his in-laws decided to terminate the pregnancy. Though he did not give his consent, they got the fetus aborted and committed a crime. He demanded prosecution of his wife and four of his in-laws under section 312 of IPC, which provides for punishment of seven years for voluntarily causing a woman with child to miscarry.
Guest
(Expert) 12 May 2012
Section 3(1) of MTP Act carves out an exception to Sections 312 and 315 IPC. The wife alone can decide whether to continue or discontinue the pregnancy.
SAINATH DEVALLA
(Expert) 12 May 2012
According to MTP Act, a legal abortion can be done by an RMP only at a Government hospital or a Govt. approved hospital. Length of pregnancy is of vital importance. The Act permits the termination of the pregnancy of 12 weeks. For such abortion the consent of the pregnant woman is material. (The Consent of guardian required if pregnant woman is a minor or a mentally ill person.) However, if the length of pregnancy is 20 weeks or less but more than 12 weeks, a woman cannot seek abortion as a matter of right. Such a pregnancy can be terminated only if it 2 RMPs are of opinion that it poses risk to the life and mental, physical health of either the woman or the child.
N.K.Assumi
(Expert) 12 May 2012
The issue here is not the consent of the wife or one doctor or two doctors or 12 weeks or twenty weeks: but the Big issue is of human rights of the unborn child. Who determine the right to life of the innocent unborn child. Should the doctors systematically take the life of the unborn child on mere asking of the wife as even the Apex court ruled that it is the choice of the wife to terminate and doctors playing the role of the like of Nazis? Are we to accept that the unborn child does not possess human rights?
Shonee Kapoor
(Expert) 12 May 2012
I agree with the opinion that it is not a crime though RMP may not be the right person to do this procedure if he didnot posses sufficient qualification.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 12 May 2012
Assumi Sir,
Your concerns are valid, but legally the MTP is allowed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
N.K.Assumi
(Expert) 12 May 2012
I am of the view that MTP is worst than Armed Forces Special Power Act.
SAINATH DEVALLA
(Expert) 13 May 2012
I do agree with Mr.Assumi,regarding his analysis,but as per the act an RMP is not competent to do abortion.He has to take the assistance of another qualified nurse of a govt.hospital.Now comming to the latest amendement in the act giving the entire discretion to the woman,is not a welcome sign.Every act or amendement enacted is woman oriented.The worst of the lot are 498A and DV Act,which are being misused by 95% of the women.The entire household of the husband including octaganerians,being put behind the bars,which is a dreadful sight,and has to be certainly be condemend by the male fraternity.
