Balancing Between Autonomy of Women and Protection of Prospective Life

Abstract

This paper discusses various issues regarding the rights connected with abortion. The Medical Termination of Pregnancy Act, 1971 was enacted to liberalize certain existing provisions relating to termination of pregnancy when there is danger to the life or risk to the physical or mental health of the woman; or the pregnancy arises from rape or intercourse with a lunatic woman; or there is any eugenic grounds i.e. if there is any substantial risk that the child, if born, would suffer from deformities and diseases, then only a pregnancy can be legally terminated. Before the enactment of the Medical Termination of Pregnancy Act, 1971, the termination of pregnancy was dealt only by the provisions mentioned in Indian Penal Code, 1860, which is a century old law and doctors were unable to terminate pregnancy legally even in critical situation. The MTP Act was enacted to allow doctors to terminate pregnancy on certain grounds prescribed by The MTP Act, 1971. But the Act does not accept Abortion as a right of pregnant woman. Abortion opted by a pregnant lady, for any ground other than the grounds mentioned in The MTP Act, is still a punishable criminal offence under Indian Penal Code, 1860. Thus this paper discusses about various issues and rights relating to pregnancy which get affected if a woman does not get permission for abortion. Side by side abortion affects the right of unborn child to take birth. The paper discusses about possible way to maintain the balance between the protection of rights of both pregnant woman and unborn child in mothers womb by giving some example of some legislature of other countries, some case laws.