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Farhan Sheikh (student)     17 December 2012

Please help me.exceptions in case of sex determination test?

what will be the exceptions to s*x determination test under the Medical Termination of Pregnancy Act?

What if someone wants to determine s*x of unborn child?

 

Mother has a fundamental right to choose the s*x of the child or not?



 1 Replies

Tajobsindia (Senior Partner )     19 December 2012

@ Queriest

Under the Medical Termination of Pregnancy Act, 1972, pregnancy may be terminated, provided certain conditions are met.


1.
Where the length of the pregnancy has not exceeded twelve weeks – if one registered medical practitioner.


2.
Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks – if not less than two registered medical practitioners are, of opinion formed in good faith, that;


A.
The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or


B.
There is a substantial risk that if the child was born, it would have suffered from such physical or mental abnormalities as to be seriously handicapped.


The only exception to the requirements under the Act arises if the termination of a pregnancy is immediately necessary to save the life of the pregnant woman, in which case, a registered medical practitioner may conduct an abortion at a place other than those specified under the Act, irrespective of the period of pregnancy.


There is a statutory presumption that where the pregnancy is alleged by the pregnant woman to have been caused by rape, or where pregnancy occurs as a result of failure of contraception used by any married woman or her husband for the purpose of limiting the number of children, such pregnancy is a “a grave injury to the mental health of the pregnant woman”, and therefore, in such cases, there is a statutory entitlement to abortion.


Besides above the Act also provides that in determining whether the continuance of a pregnancy would involve such risk or injury, account may be taken of the pregnant woman’s actual or reasonably foreseeable environment. However, this leaves the ultimate decision in the hands of the medical practitioner, and there is no legal entitlement to abortion.


Illustration:
For instance, if pregnancy occurs due to failure of contraception by an unmarried woman, she cannot demand abortion as a matter of Fundamental Right.


Hope you are clarified?


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