SANCTITY OF LIFE V. RIGHTS OF WOMEN IN THE CONTEXT OF ABORTION: AN EMPRICAL ANALYSIS BY - APARNA. S, ALVIN JOSEPH & ANTONY THOMAS MOHAN
SANCTITY
OF LIFE V. RIGHTS OF WOMEN IN THE CONTEXT OF ABORTION: AN EMPRICAL ANALYSIS
AUTHORED
BY - APARNA. S, ALVIN JOSEPH
&
ANTONY THOMAS MOHAN
Abstract
Sanctity of life and right
of woman are highly debatable topic even in the past and the present. Although
each person has a sovereignty over his body, till 1971 woman was not allowed to
abort. It was punishable under section 312-316 of IPC, 1930. By 1971 the
government had passed laws which legalized abortion in India and the act was
known as Medical Termination of Pregnancy act,1971. This act was certain
limitations as it restricted woman who are unmarried from abortion and woman
can abort before 20 weeks of pregnancy even in many other countries it was 24 weeks.
This made India to rethink as the rate of abortion through unwanted ways
increased is yet another reason. Thus, the amendment was done. This made a
much-liberalized form as it is accessible to all woman and increased the time
period to 24 weeks also. But coming to the question of sanctity of life it
become again difficult as there are high chance of unwanted abortion. The root
of sanctity of life is vague. It is considered to have the touch of religious
perspective. For to check whether the amended act collides with the rights of
woman we have done an empirical study focusing on the questions related to
rights of woman, their concept of abortion as human right, sanctity of life,
etc. Based on this we looked at the history of legalizing of abortion in India
followed by the abortion as a human right where we discuss the right of woman
in India. Then looked at the concept of sanctity of life in which we focused at
concept of sanctity under Christianity. By the study we analyzed that the
sanctity of life is based on natural law. The statements made are doesn’t have
any logical reasoning in it. It doesn’t have any kind of importance. Also, the
UDHR had said that the right begins once it is born which completely says that
the fetus doesn’t have any right. Thus, we can say that the amended medical
termination of pregnancy act, 2021 doesn’t affect the sanctity of life.
Keywords: Sanctity of life, Rights
of woman, Medical Termination of Pregnancy act, abortion, religious, UDHR, IPC,
ICCPR, POSCO, rape, etc.
1. Introduction
Abortion and Euthanasia
are the challenging issues at the heart of culture. Till now we are unaware of
the moral foundations that underlie these issues. To an extent, people believe
that the issue of the sanctity of life which we argue is based on the core root
of the natural order. This was a negative mediate between those who are
conservative and those who support abortion and euthanasia. The conservative’s
belief on the ending of life is that even if it’s one’s own life it violates
God’s natural design which stains spiritual purity. Traditional Christianity
promotes opposition to the supports in three perspectives: deductive moral
reasoning, authoritative moral reasoning, and consequentialist moral reasoning.
Not only traditional Christianity opposed but traditional morality also
promotes the sanctity of life. Even though the element of the sanctity of life
has been said to be a religious touch but still we don’t have the correct proof
for it. It is considered to be an invention of the 12th century. To
Stephen Smith, there are two views on how to value life. They are the sanctity
of life and the quality of life. Sanctity of life is mostly applied to issues
of abortion and euthanasia but it is matter of life and death in health care.
At the same time when it
comes to the right of women their right to determine sexuality, fertility, and
reproduction, often comes only when it is the case of abortion. From the above,
we understood that there were legal and religious arguments that support the
sanctity of life but when it comes to people who favor it, they point it as the
choice of women. As they are the ones who should decide whether to continue or
abort. Looking at the ancient period, we can see that women had taken different
ways to abort the child or had many birth control ways.
When one looks into
abortion rights in India, they are memorized by the surprising history of the
US which made the abortion right legalized as it was at the same time of this that
India started its move. But now that surprising history might get overturned.
Earlier in English common law, a mother could terminate before she could feel
the movement of the fetus, and that was considered to be legal and practiced
widely. During the 60s and 70s even though abortion was legalized but still
women are put under a panel of doctors who will judge the situation why to
abort and then decided upon it. But Roe v Wade [1]and
Doe v Bolton[2]
in 1973 made an end to this situation. This gave the women to decide as their
choice. From that year it is been legalized but by 2016 when the presidential
election took place Trump promised to appoint judges in the supreme court who
will overturn the Roe v wade[3]
case. As promised, he appointed three judges who are from the conservative
party. The draft opinion published by the respective person leaked and it shows
that the majority of the judges intended to strike it down. If this comes true
then all the efforts of Roe will be overturned and it will be like how it was
in earlier times. This issue is a growing concern in the U.S. at present.
Coming to India, at
present if we look at abortion rights it has been much liberalized by the
amendment of the Medical termination of pregnancy act, 1971. The aim of the
amendment was to give access to every woman to abortion and many other terms in
which abortion could take place like by extending the time period of abortion,
etc. But looking at the abortion rate in India, about 47.6% of people said that
the reason for abortion is an unplanned pregnancy, and 10% says that the last
child is still small. Around one-fourth of women in Ladakh, Lakshadweep, Tamil
Nadu, and Telangana respectively with 40%, 33%, 31%, and 27% respectively said
the reason was health-related issues. The NFHS shows that compared to the poor
people the abortion rate that took place among the rich group is high at 4.1%.
So, won’t there be a
question that the liberalizing of the MTP act will increase the case to a
higher level which will lead to other issues? If this is the case, are we actually
doing a sort of murder? Does that mean there is no value in the life of a
fetus? What about the sanctity of life? Looking at earlier times and present
times when one makes laws with regard to the rights of women in perspective of
abortion it gets conflicted with that of the sanctity of life and vice-versa.
This is because when one took the rights of women the opponents will take the
sanctity of life. This is actually creating a conflict that provokes a culture
war at the heart of people. As we know wars will destroy the peace in one’s
mind if it outbreaks. So, for this, it is important to analyze the aspect of
the sanctity of life and the rights of women in abortion to avoid conflict.
Thus, can prevent the government from taking a wrong decision on this debatable
topic.
The main aim of the paper
is to check and analyze which is to be considered or given priority as per the
present societal condition whether it is the sanctity of life or the rights of
women. The research methodology used is the empirical method of study. A survey
of around 53 people was taken for the study to be conducted. The survey was
done with various questions in relation to the sanctity of life and the right
of women which deals with the rights of women in abortion, circumstances under
which they support abortion, fetus rights, use of contraceptives, and so on.
“An unholy mess: Why ‘the
sanctity of life principle’ should be jettisoned, David Albert Jones (2016):
The paper aims to present the important element of medical law and ethics which
is often confused or debated as it is often compared with the principle of
sanctity of life. This element doesn’t have a root to say as such but is
believed to have a religious touch. From the study, it was understood that it
doesn’t have any label but was defined and termed by the different as per their
views. This is more from a traditional concept and has nothing as such as a
perfect base. To him, this language is thrown out from the study that he had
conducted”.[4]
“The Socio-cultural aspect
of abortion in India: Law, Ethics, and Practice, Bhavish Gupta, Meenu Gupta (2016):
In the paper, the author was emphasizing abortion in India which is a debatable
topic with two terms pro-choice and pro-life. He said abortion is multi-faceted
with many aspects in it like ethics, law, religion, law, etc. Abortion provides
liberalization to women and gives them the power to take their own choice. When
it comes to India it is important to take into account this topic. His result
was to establish an equilibrium point between the rights of women and the
rights of an unborn child.”[5]
“The sanctity of life: The
role of purity in attitudes towards abortion and euthanasia, Christopher,
Carol, Chris, Danny, (2022): the paper was looking or trying to find the
relation between conservatism and opposition to the policies of abortion. For
this, the study concentrated on the people of New Zealand. Both abortion and
euthanasia are considered to be highly debatable topics. Above all the origin
of the sanctity of life is still vague, it is said to have a touch of religious
perspective. From the research, he conducted it was noted that sanctity acts as
a mediate between conservatism and policies. They also found that conservatism
was influenced by the natural law (fetus is a son of God) rather than by thinking
it reduces harm”.[6]
“Abortion Law and Policy
around the world, Marge Berer (2017): The paper aimed at various laws and
policies on abortion around the world. The paper supported abortion as it says
that it won’t make any legal and public health issues. Abortion will become
safe and no one can deny it when it is given as per the choice of women. For
the study, it is important to look at all perspectives like the political,
health system, legal, socio-cultural, juridical, etc. Finally, he concluded
that to achieve access to abortion we should hold hands together with legal
experts, parliamentarians, health professionals, etc. So, everyone who is
conceived with an unwanted pregnancy can access it as early as possible”[7]
It is assumed that the amendment of MTP act (right of woman in context of
abortion) doesn’t contradict with the sanctity of life.
1.1 Research Objectives
o To understand and analyze
what makes India legalize abortion.
o What are the rights
available for women for abortion in India?
o To deeply understand the
word sanctity of life in the context of abortion and reproductive issues.
o Does the sanctity of life
collide with the current amendment of the MTP act?
1.2 Research Question
Ø
Does the MTP (amendment) act affects the concept of the sanctity
of life?
2.
Content
Abortion
Abortion is the expulsion
of the fetus from the uterus before the stage of viability that is before the
20th week of gestation. An abortion can occur at any point and such
cases are called miscarriages or if it is done purposely then it is an induced
abortion. Miscarriage usually occurs for reasons like disease, trauma, genetic
defect, and biochemical incompatibility of mother and fetus normally. The fetus
dies in the uterus but fails to be expelled which is termed a missed abortion.
Induced abortions are done mainly for four categories, for example, in the case
of rape, or incest, the life of the mother is in danger, birth defect, economic
hardships, etc. In India, at present, about 47.6% of people said that the
reason for abortion is an unplanned pregnancy, and 10% say that the last child
is still small. Around one-fourth of women in Ladakh, Lakshadweep, Tamil Nadu,
and Telangana respectively with 40%, 33%, 31%, and 27% respectively said the
reason was health-related issues. The NFHS shows that compared to the poor
people the abortion rate that took place among the rich group is high at 4.1%.
History
of abortion in India
Roe v Wade[8], which was currently
overturned is having a past. Before 50 years in 1973, this was a landmark case
that decriminalized abortion in the U.S. Why I mentioned it here is because two
years before this case, India got the right for women to seek an abortion that
is in 1971. This was ensured by the act named Medical termination of pregnancy
act, of 1971.
In the beginning, India
was also against abortion like other countries as it was strongly censured in
Vedic’s, Upanishads, puranas, Manu smriti, etc. But by 1971 it was legalized by
India but there were certain limitations which were imposed. It considers an
abortion legal at certain times like the continuance of pregnancy may end up
with the mother’s life in danger, or affect the physical or mental health,
above all the termination can only be done if the doctors qualify for it. To an
extent, India was against legalizing abortion.
Even after three decades the issue of morbidity and mortality due to
unsafe remains as it is. Why was it like that? The abortion law actually looks
more into sex-selective abortion, and decrease in the sex ratio, and mainly
these were set up in urban areas which made the rural people difficult to
approach. Another reason was the moral, ethical, and religious perspectives of
the society to which they belong. This was considered a means to control the
rapidly growing population of India, especially the lower socio-economic groups
of the country. Because of the increase in female feticide cases in Punjab,
Haryana, and Rajasthan India brought strict laws. But before this, in India,
abortion was criminalized under Section 312[9].
The punishment was 3 years in prison or a fine or both for whoever voluntarily
caused a pregnant lady to miscarry whereas the woman who avails was punished
for 7 years or a fine or both. By the 1990s, abortion was legalized in many
other countries which initiated India. There was an alarming abortion rate
which made the government to set up a committee in 1964 which was led by
Shantilal Shah. The recommendations made were accepted in 1970 and thus the
bill of Medical termination of pregnancy act in august 1971. There were several
arguments in favor of legalizing abortion which made India legalize abortion.
Arguments
that are in favor
Some of the arguments that
are in favor of legalizing abortion are as follows;
Ø The sovereignty that one
has on their own body. Each woman has a right to take decisions that are
related to her body. No one can force her either to continue the pregnancy or
terminate the pregnancy against her will.
Ø At times when there is an
emergency like when the life of the mother is in danger if the pregnancy
continues or any such kind of risk involved.
Ø If abortion is banned then
the woman who doesn’t want to continue with the pregnancy should continue with
it and finally abandon it. In such situations, it is better to have an
abortion.
Ø If abortion is banned or
restricted then the woman will go back to earlier times, were they used
unhygienic ways to abort which risked the life of the woman.
Ø When it becomes necessary
to abort to save the life of the mother. This doesn’t mean that we are not
valuing the life of the fetus, but if we didn’t do that both the life will be
in danger. So, aborting the fetus will at least save the mother.
Ø Over time passed that is
from the widespread practice of abortion and savage practices to the time where
the fetus was considered a human being and practice or any kind of
ill-treatment to the pregnant woman was considered to be punishable to the
present time where the sovereignty of woman, human rights instruments which
protect the rights internationally, it becomes important to legalize abortion.
Current
status of abortion
By the survey conducted by
a department, it came to notice that around 6.7 million abortions take place
but in that 5.7 million are illegal. The final conclusion of the study was that
India has steep maternal mortality which is 498 per 100,000 women. The law that we are now looking into is of 51
years old law where it prohibits abortion after 20 weeks of pregnancy. Only in
certain conditions abortions after 20 weeks are allowed. Also, most importantly
pregnancy that is induced through rape or failure of contraceptives had made mental
issues in the woman which was a grave issue. In the case of Nikitha mehta the
court said that the gestational period was over and also 25 weeks is passed.
But when comparing India
with other countries like China, Korea, Canada, France, Germany, etc. they have
a much more liberal law. Canada doesn’t even interfere with these matters. It
is left to the choice of the woman. Korea provides abortion till 25 weeks. This
is because they saw that the woman is having absolute sovereignty over her body
and the fetus is just a part of her body that acquires status only after birth.
As I said earlier, in India, legal abortion is permissible only up to 20 weeks,
after that certain conditions should be satisfied to abort. Through the case of
Niketa mehta a new amendment was brought into force on the MTP act, 2021which
extended the period to 24 weeks and above in certain cases and it can be
approached by a married and an unmarried woman that is the victim of sexual
assault, widow, divorced, minor, disabled woman, birth defect, dangerous
situations, etc. The present act also prohibited alternative medical
practitioners from performing abortions. This was due to the death of a woman
from Maharashtra. The act doesn’t limit the woman from abortion in case of
failure of contraceptives. This amended act expands the services like therapy,
social care, rehabilitation, etc, and also gave more importance to
confidentiality.
Rights
of women (abortion)
Before looking into that
it is important to speak about abortion as a human right. From the preamble of
UDHR, we can see it better. They established a common standard for all people
and nations thus affirming faith in the fundamental right and dignity of each
people. Also, the article says that these rights will be available to everyone
without any discrimination and it is the foundation of human rights. On the
other hand, ICCPR emphasized the right to life. It states that no one can
deprive it and everyone shall be protected under it. Some jurists say that the
right to life of a being begins when a being is born. Even though many
proposals have come to change the right to life begins from birth to conception
but were rejected. The right to life is something that we get from inheritance
compared to all other rights. But if we ban or restrict abortion or criminalize
it, that will have a high issue. It is stated by article 12 of CEDAW that
states should make appropriate measures to avoid discrimination against women
in health-related matters.
As per the survey
conducted around 73.6 % people are in favor of abortion being a human right
whereas 26.4% says no to it. From this we can understand that majority of the
people needs it as human right. Below shows is a pie graph which says about the
people who accepts abortion or a need abortion as a human right.
Fig (1) Graphical
representation of should abortion be a human right
Now comes the question of
why they want it as a human right. Under what circumstances do they prefer
abortion to take place?
For this, the paper looks
into the survey that is conducted among the people. The survey was conducted
around different age groups. The majority was from the young generation which
constitutes 94.3% of which 62.3% are females and 37.7% are male. They want it
as a human right as it is because it is their life and they are the ones who
need to take decisions, also because of the crime rates of rape, difficulties
in the life of the mother due to changing lifestyle, economic hardships, etc
the society prefers abortion to be a human right. The study conducted says that
48.1% of people prefer abortion in case of fatal/ non-fatal health risks to the
mother, Incest/rape, birth defect, and in case of woman’s choice. Around 13.5%
people prefer abortion at times of financial hardship also along with the
above-mentioned circumstances. Fig (2) shows the pie graph of the circumstances
under which they prefer abortion. 90.6% people prefer abortion in the case of
rape, and risk in the life of the mother alone.
Abortion
rights in India
Ø Constitution of India
Fundamental
rights are given in Part III of the Indian constitution. In that, the most
important is Article 21[10],
which says the right to life within which the right to privacy is also
embodied. It makes a restriction the government from misusing its powers. From Article
21 we can say that every woman has an individual right, right to life,
liberty, and sovereignty. Women have reproductive features and so they have the
right to decide it upon themselves as it is their body and they enjoy
sovereignty over their body. So, to ensure this the international community
acknowledged it as the right of the woman. They also said that they should make
laws to promote reproductive rights. So, every woman all over the world can
have a right to control over her body. Some of the cases which recognized it as
a woman’s right are Srivastava v Krishnanan[11]
and Laxmi Mandal v Deen Dayal Hari Nagar Hospital[12].
Ø Indian Penal Code
Sections
312 to 316[13] are some sections that
deal with penal abortion. It is placed under the section on offenses. Section
312 says about a person who voluntarily causes a miscarriage of a woman
will be punished for 3 years or a fine or both. If the woman was at quick
(movement of the fetus can be felt) then the punishment can go for 7 years and
fine. If it is done with good faith then no punishment. Section 313 says
about the miscarriage done without the consent of the woman. The offense is
cognizable, non-bailable, non-compoundable, and triable by the court. Section
314 says about the person who does miscarriage with an intention and thus
resulting in the death of the woman and Section 316 says that if a
person does an act which may cause death though he has not intended or desired,
he will be punished under this.
Ø The Medical termination of
pregnancy.
The medical
termination of pregnancy act, of 1971 was passed due to the progress of medical
science which provides safer abortions. In India, there were a lot of issues
where the woman’s mortality rate started decreasing due to the unwanted way of
abortions. So, with an aim to avoid this act was passed with certain
limitations like it allows abortions only before 20 weeks of pregnancy. But as
many other countries have allowed abortions after 20 weeks also and due to the
change in society, it becomes important to develop this act. Thus came the
amended act of MTP in 2021. The aim of this was to allow the woman to access
safe and legal abortion services. The amended act allows unmarried women to
abort in cases of failure of contraceptives, rape, etc. Till 20 weeks of the
time, the report of one medical practitioner is enough but between 20-24, it is
two RMP. The confidentiality of women is given much importance. If this is
reached then the punishment increased to Imprisonment of 1 year or a fine or
both. After 24 weeks the medical board should diagnose it.
Some other
laws are the POSCO and Pre-conception Pre-natal diagnostic techniques act
regarding abortion. Does that mean that the fetus doesn’t have a right? When
does right of life begins? As per the UDHR very humans are born with rights and
dignity. The word born was used to imply that the fetus doesn’t have any right.
Even though an embryo develops its heart starts its quick movement by the end
of second and third trimester, still once it is born only it will have all the
rights. As per the survey around 73.1% people opined that a right begins once
it is born. Even though there are many rights given does that mean the people
are getting access to it? Now comes the question of the sanctity of life. Are
the laws saying that there is nothing as such sanctity of life? What actually
is the sanctity of life? Let’s look into that now.
Sanctity
of life
For about five decades
this phrase has been a part of a debatable topic in relation to abortion. The
concept of origin of this is still unclear. It emphasizes the value of human
life and sees that abortion or euthanasia is against the concept of this as
they consider it as something evil. This
topic had played a controversy in the U.S. January 22 is considered the
National sanctity of human life day through the decision of the Roe v wade
case. Several attempts were made to introduce the sanctity of life act bill in
order to establish the right of personhood which begins from the period of
conception. This has also emerged as a key principle in debates about
end-of-life and abortion. John Sutherland Bonnell was the first to use the
phrase bioethical. He entitled the sanctity of life in single sentence saying
Christianity had never stopped from emphasizing the sanctity of life and it is
the one which values the individual that includes the mind and body. He used it
as a self-evident prohibition against the killing of life without giving a
logical argument regarding the same. He thought this will serve the fundamental
human right to life as those days they regard the right of a human being begin
from the time of conception. Later Peter singer opposed the concept of the sanctity
of life ethics and predicted it with quality of life and end to life. For this,
the catholic people criticized and termed him as the architect of the culture
of death. Sanctity is actually misunderstood with the biological human life
which makes it confusing. Since everyone looks into Christianity while saying
about like the sanctity of life let’s check what it actually says about the sanctity
of life.
Christian concept:
At those times it was
believed that God creates the universe and every creature, among them humans
are the most beautiful creation. As per their belief humans are given the
highest position. The nobility of human beings is seen in a divine manner stating
that “Be fruitful and increase in number, fill the earth and subdue it. Rule
over the fish of the sea and the birds of the air and over every living
creature that moves on the ground”[14].
Humans are the custodians of the earth. So, from conception to death human life
is valued, and respected, etc. Humans should obey God, as it is believed that
once they die, they will be called judged on doomsday. In Christianity,
abortion is said to be evil. It is not an acceptable alternative for birth
control, population control, sex selection, etc. In the scriptures, they treat
an unborn baby as a person who is under the care and protection of God. So,
they believe that the personhood of a person begins from the time of conception.
In the bible, it is
considered that the woman is having a child in the womb at the first stage of
pregnancy. As in the bible, the angel had reported to Mary about the birth of
Jesus and John, which they believe that from the time of conception they are
considered as persons under the control of God. The Bible considers the
pre-natal phase as life as a child itself. Even in the bible, a woman who is
conceived through an illicit relationship is having the sanctity of life. This
is explained through the case of Bathsheba who gave birth to Solomon through an
illicit relationship. To them, God is an active creature. So, every person who
is yet to be born has equal status before God. This was mentioned in Job’s
declaration. The Bible says that each creature that God created has some aim in
the world even if it is not born. By killing them they are doing a sin and
making the quality of life cheap. It is said as may be the one who is killed
may find a cure for cancer by killing it you destroyed the way. There are some
things that are above those of humans. Even if there are any kind of medical
issues God’s love won’t be limited. So, it is not allowed to test before being born
and decided whether that may live or not. It is said that “you shall not
murder”[15]
is said as a moral imperative. This was highly rejected by the people as per
the survey conducted. Out of 53 responses around 67.3% of people disagree with
the statement only 32.7% of people agree with this who believe in the natural
theory of God. Moses was inspired to include a law regarding the sanctity of
life which states as follows; “If men who are fighting hit a pregnant woman and
she gives prematurely but is no serious injury, the offender must be fined
whatever the woman’s husband demands and the court allows. But if there is serious
injury, you are to take life for life, eye for an eye, tooth for tooth, hand
for hand, foot for foot”[16].
To an extent we can see this as a comparison with IPC but with a reformative
theory of punishment. John calvin stated and considered that a fetus in the
womb of a mother is a human being. It is something heinous; compared to killing
a person in his own house which is the safest place for him.
In case, where the
mother’s life is in danger then in such situations, the mother’s life is given
priority as she is a person who is having family, responsibilities, etc. but
should rely on God to remove all the difficulties. Also, it is noted that women
who do abortions because of shame, guilt, depression, etc take that measure as
a better measure but that will haunt them for a lifetime. People who recognize
this and went to God for forgiveness will be healed by God.
Sanctity
of life v MTP act
From the above we now can
analyze that which is having a base and to be considered. If we look at the
sanctity of life base given by various jurists, we can see that it was all just
at the natural law period where they looked it in various perspectives such as
religious, conservatives, bioethics, etc. They say these as they are
disappointed with the end of life. Since it was in the natural law period
people relate things to God and justified everything based on God. In the bible
it states that even if the mother’s life is in danger still abortion was not
allowed and they believed it will be cured. But when it comes to the Medical
Termination of Pregnancy it allows to abortion legally till 24 weeks which
shows that the sanctity of life is been destroyed by the act. But what about
the rights of women? Won’t that actually violate their right to life -right
choose, health, etc. Let’s look into this concept by looking to the recent
judgement given by Supreme court to understand whether sanctity of life of a
child in the womb should be given importance or right of a woman.
Sanctity
of life v Rights of women
In this part we will be
solely looking into the concept of women’s right to life and their freedom to
choice. For this we will be looking into certain judgments given by supreme
court on the matter related to the termination of pregnancy and mainly upon A v
State of Maharashtra & ANR[17],
the recent judgment given by the Supreme court of India. The facts of the case
are as follows: X a minor, aged 14 was alleged to have been sexually assaulted
in the year September 2023 and the incident came to the knowledge on March
2024, by that time she was 25 weeks pregnant and it didn’t come to the
knowledge because of her irregular periods. FIR was filled on March and she was
taken for medical examination from which she was been transferred into JJ
hospital at Mumbai for termination of her pregnancy. As per the opinion of the
board she was fit for termination of pregnancy but subject to the permission of
High Court. The high court denied it on the basis that the gestational period
had exceeded 24 weeks. As a result, because of the impugned judgment the
appellant moved to Supreme court under Article 136 of the Constitution of India[18]. The second question that was dealt under this
court was about the right of a pregnant person. The court in this case referred
to Suchitha srivastva v Chandigarh Admin[19],
wherein a three-bench held that the right to make reproductive choices is the
major standpoint under Article 21 of the constitution of India,1950. Also, in
case of abortion and reproductive choices, the consent of the pregnant woman
has much greater weightage. The hon’ble supreme court in this case also upheld
the same by stating that even in case of minor if the opinion of the minor
differs from that of pregnant person still importance should be given to the
opinion of the minor.
So, from the above all we
can come to an aspect that even though the concept of abortion is not accepted
in Christianity but at the present era, even the Christianity supports
abortion, if the continuation of the pregnancy is a harm to the pregnant
woman’s body. Also, by analyzing MTP act, Christianity, and the judicial
decisions, it is evident that the MTP act actually gives a right to a child.
That is it doesn’t allow unnecessary abortion after the prescribed period of 27
weeks which is upholding the sanctity of life.
Conclusion
It is important to
understand why we need these legislations. The main objective for this is to
provide all woman to access safe and legal abortion. As this is a sensitive
matter with regard to a woman. The MTP act, 1971 provide woman to abort before
20 weeks of pregnancy. This made a difficult as some of the issues related to
fetal can’t be understand until it past 20 weeks. Also, this act restricted the
woman who are married from doing abortion. The amended act of MTP act clears all
this issues and gave a much more liberalization to woman in making the decision
of abortion. The act also prohibited other alternative practitioners from doing
abortion. But the main issue which we looked upon is the sanctity of life and
the rights of woman in abortion. Earlier the concept of abortion was not
accepted in Christianity but in the present era, even the Christianity supports
abortion, if the continuation of the pregnancy is a harm to the pregnant
woman’s body. Also, by analyzing MTP act, Christianity, and the judicial
decisions, it is evident that the MTP act actually gives a right to a child.
That is, it doesn’t allow unnecessary abortion after the prescribed period of
27 weeks which is upholding the sanctity of life.
References
Ø Jones,
D.A. (2006) An unholy mess: Why 'the sanctity of life principle' should be
jettisoned, CORE. Available at:
https://core.ac.uk/display/74225901?utm_source=pdf (Accessed: December 11,
2022).
Ø
Kelley, J., Evans, M. D. R., &
Headey, B. (1993). Moral Reasoning and Political Conflict: The Abortion
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Ø Bhavish
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[1] Roev Wade, 410 U.S. 113
(1973).
[2] Doe v Bolton, 410 U.S.
179 (1973).
[3] Supra note 1.
[4] Jones, D.A. (2006) An unholy mess: Why 'the sanctity
of life principle' should be jettisoned, CORE. Available at:
https://core.ac.uk/display/74225901?utm_source=pdf (Accessed: December 11,
2022).
[5] Bhavish Gupta and Meenu Gupta (2016) The
socio-cultural aspect of abortion in India: Law, ethics and ... - ili, ili.
ac. Available at: https://ili.ac.in/pdf/p10_bhavish.pdf (Accessed: December
12, 2022).
[6] Christopher Lockhart et al. (2022) The
sanctity of life: The role of purity in attitudes towards abortion ..., wiley
online library. Available at:
https://onlinelibrary.wiley.com/doi/10.1002/ijop.12877?af=R (Accessed: December
12, 2022).
[7] Berer M. Abortion Law and Policy Around the World: In
Search of Decriminalization. Health Hum Rights. 2017 Jun;19(1):13-27. PMID:
28630538; PMCID: PMC5473035.
[8] Supra note 1.
[9] Section 312, Indian
Penal code, 1930.
[10] Article 21, The Indian
constitution, 1950.
[11] SLP (C) 5845/2009.
[12] W.P (C) Nos. 8853 of 2008.
[13] Section 312 & 316, Indian
penal code, 1930.
[14] Genesis 1: 28.
[15] Exodus 20:13.
[16] Exodus 21: 22-24.
[17] A v State of Maharashtra, Civil
appeal No.5194 of 2024
[18] Article 136, Constitution of
India, 1950
[19] Suchita Srivastava v Chandigarh
Admn, (2009) 9SCC 1.