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  • Read the following passage and answer the question. Until the 1960s, abortion was illegal in India and unless the procedure was done in good faith to save the life of the

Read the following passage and answer the question.

Until the 1960s, abortion was illegal in India and unless the procedure was done in good faith to save the life of the mother, a woman could face three years of imprisonment and/or a fine under Section 312 of the Indian Penal Code, 1860 if she tried to abort her fetus. It was in the mid-1960s that the government set up the Shantilal Shah Committee to enquire whether India needed a law to regulate abortions. Based on the report of this Committee, a medical termination bill was passed by Parliament in August 1971. The title of the law, the Medical Termination of Pregnancy (MTP) Act, 1971 was strategically chosen to avoid any religious or ethical objections and impart a medical reasoning behind permitting such procedures.

Under MTP Act, every State government or Union Territory, shall by notification in Official Gazette, constitute a board to be called a Medical Board for purposes of the MTP Act, to exercise the powers and functions as may be prescribed under MTP Rules. The court can interpret Rule 3B(c) in such a manner that the change of marital status should be a broad category which would include a married woman who has been abandoned and also an unmarried, who suffered abandonment. Justice Chandrachud said that if the rule is understood as only for married women, then it would perpetuate the stereotype that only married women indulge in sexual activities, which is not constitutionally sustainable. The Court said that the rights of reproductive autonomy give the same rights to married as well as unmarried women.

Thus, the emerging jurisprudence on the right of abortion acknowledges a woman’s sacrosanct right to bodily integrity and includes her reproductive choices as a dimension of her ‘personal liberty’. This has made safer abortions accessible to women without compromising their dignity or confidentiality.

Question :

X was admitted to the hospital as she suddenly experienced unbearable pain in her abdomen. Doctors suggest that there is a complication in the pregnancy and X compels doctors to abort her fetus. This was reported to the officer-in-charge of the police station and a case under Section 312 is filed. Whether the prosecution will succeed in the present case.

Option: 1

Yes prosecution has clear evidence


Option: 2

No, because there was a complication


Option: 3

Yes because the experts reported the incident which backs the charge


Option: 4

X cannot be convicted if she proves that the termination was necessary to save her own life


Answers (1)

best_answer

Section 312 of the IPC makes voluntarily causing miscarriage an offence but Section 312 of the IPC permits termination of pregnancy in order to protect the life of the mother.

Posted by

manish painkra

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