File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Abortion: Who's On Stake Mother Or Child?

Abortion has been always a subject interest whenever women's right come into picture. It is interesting to know that how even today many people do not know what it looks like to allow a woman to decide whether she wants to have the child or not? pro-life movement which started from the historical American case Roe vs Wade(1), where in Supreme Court of USA ruled that unduly state regulation of abortion is unconstitutional.

In a majority opinion written by Justice Harry A. Blackmun, the Court held that a set of Texas statutes criminalizing abortion in most instances violated a woman's constitutional right of privacy, which it found to be implicit in the liberty guarantee of the due process of law. The pro-life and pro-choice positions tend to be a highly polarized topic in the American political discourse, with slightly more than half of American people supporting abortion rights, and considerable regional variance on the issue.

Pro-life movement has been a game changer in context on women's right where question is raised on right of unborn child, on the other hand unwanted pregnancy or undesired pregnancy where abortions' is complete choice of women's has now been strangled in women's neck as matter of saving life over saving her. In an attempt to save the child under the pretext of religious sin or framing it under regulation of state or centre authority is nothing but an violation of women's right to decide for herself.

It has been seen in every religious rule book that abortion is nothing but a sin, in reality not bringing a child into the world where there is no possibility where mother can give best upbringing or give him reasonable standard of living or the child is being born of patriarchal pressures and not out of women's free will or where child is outcome of sexual violence pro-life movement becomes baseless and useless at the same time.

Because any child born out of sexual violence over woman will never looked upon as legitimate child which will cause not only trauma to him for rest of his life but also be peer pressure on woman's mental health which can led to rise in number of suicide cases and much more tragic crimes.

Pro-life movement talks about saving the child but just like every coin has its two sides, pro-life movement has its own pros and cons where saving a life is more important and not to harm the unborn child is the clear motive behind this movement but at the same time it doesn't talk about the right of woman where she is entitled and held responsible for aftermath of not having right to abortion.

Woman after giving birth to child is wholly responsible not only for welfare of the child but its health, education and of most her life changes completely where according to society her focus has to be her child an in-today's world where we still don't acknowledge the talks of Mental Health, post-partem depression is far away a topic for discussion which every new mother faces after giving birth to child.

And when we talk about woman's right here where we need to give her the right to decide the scenario out their in society is quite different on one hand we try to save the unborn child to save a life but on the other hand we kill the female fetus in the urge to have only male child, conditions laid down before woman for having the right to decide for abortion is so strained that we cannot make out whether we are trying to save the child or mother.

In cases where the child is even born after a forced and unaborted pregnancy leads child's life in misery where many children are looked as burden and something more to add to their miseries they are found in dump yard and in most pitiable condition in hospitals and orphanages to live a life full of misery.

In such cases abortion is an inevitable choice because when you force a woman to save the life she kills herself or the child by dumping it and if you allow abortion to take place its just the unborn child which is killed but in unlike the former part where mother if forced into pregnancy and also the child which is life saved of unborn child ends up living life full of misery ahead in future.

Abortion sounds a little selfish decision out there but does our legislature gives everyone right to abort and answer to this question is "NO" abortion in India doesn't come at any time and anyhow, there is an established procedure and guidelines by central government under Medical Termination Of Pregnancy Act under which woman has her right to abortion which is her constitutional right ultimately.

Under this Act woman is allowed to abort her child her pregnancy has not exceeded more than 20 weeks and in case if it is extended up to 24 weeks then woman needs opinion of two registered medical practitioner as MTP ACT Under section 2. Also, the opinion which is framed by doctor should be strictly mentioning where continuance of pregnancy would endanger life of mother and child both, or continuance of pregnancy would cause physical or mental abnormality once born.

Thus in this era of equality where we are struggling through too many difficulties life of woman can be made to eased where she can make a decision whether she wants to bring the new life in this world because abortion may be a sin to some and for some it may be an inevitable decision but knowing each one's realities is difficult for any one person nothing general can be decided, because with abortion pro-life movement is killed but with abortion we put child and mother at stake? For me abortion will always be a choice because I can't see child suffering for no fault of his neither mother who doesn't love child but its a forced responsibility on her.

Written By: Advocate Bharti Bhogesara

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly