Testing limitations, legal and sociological aspects of abortion laws in India
Keywords:
abortion, MTPA, morality, pregnancyAbstract
In September, addressing the limitations of abortion laws in India, the Medical Termination of Pregnancy (Amendment) Act 2021 came to force. The case, Meera Santosh Pal vs Union of India, further exposes the issues with the Medical Termination of Pregnancy Act 1971 and explains why there was a desperate need for an amendment. While the Medical Termination of Pregnancy (Amendment) Act 2021 garnered praise, abortion in India is still a question of morality concerning many religions. Even though India promulgated the Medical Termination Act in 1971, it was fraught with issues that were left unaddressed. Is the amendment successful in undoing the fallacies of the principal Act? What has been the role of the Indian Judiciary in this respect? The researchers writes a case analysis for Meera Santosh Pal vs Union of India. They also highlights other such cases that visibilised the issues with the 1971 Act.
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References
Meera Santosh Pal v. Union of India [2017] AIR SC 787
Vaishali Pramod Sonawane v.Union Of India, [2019] 5 Bom Cr 478
Geeta Devi v. State of H.P., [2017] SCC HP 1574
Ms Z v. State of Bihar , [2018] 11 SCC, 572 : [2018] 2 SCC (Cri) 675
‘Congenital Anomalies’, (September 7, 2016) <https://www.who.int/news-room/fact-sheets/detail/congenital-anomalies>
James Roland, ‘What is Anencephaly?’ (Healthline, December 6 2018) < https://www.healthline.com/health/anencephaly> Accessed on September 18 2021
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