I’M AGAINST ABORTION

admin | May 16, 2016 | Criminal Law, Family Laws | No Comments

THIS ARTICLE WAS WRITTEN BY N. SETHU KIRAN A STUDENT OF V.R. LAW COLLEGE.

ABORTION CANNOT BE AN OPTION:

Abortion is a process of ending pregnancy by removing or killing the fetus inside the womb. Abortion is clearly unjustifiable as murder, no one can deny it. It is a killing of innocent unborn baby (fetus). In India, laws provide various rights to the unborn child. There are also 50% of abortions are illegal which are causing by various reasons. Do you know how the abortion can be done it is really inhuman process.

Abortion can be done in three methods:

Partial birth abortion: in this process the brain of the unborn baby can be suctioned out by using the sharp object.
Dilation and evacuation: in dilation and evacuation process the body of the unborn baby (fetus) is twisted and tears into pieces and removed from the womb of mother.
Saline abortion: in this process, salt water can be injected into mo0thers womb through the abdomen. The fetus which is present in womb can swallows the solution and gets poisoned and died

In saline abortion process, it takes 24 hours of time. The toxic saline solution causes severe burns over the body of child (fetus) [1].

CONTRAVERSY TOPIC IN INDIA:

Even we are living in the democratic country under the Indian constitution. Some women are asking for right to body which means pro-choice means right to chose that means right to abort. A fetus (unborn baby) is growing in the womb of a woman which is a human being according to Taylor’s principle. So that living human has right to life that we have according to the Article 21 of the constitution. It is a important tissue that carries a heavy implication on right to life

Do you know now a day’s abortion is becoming a profit full business, doctors are making it? [2]. In the civilized society some women are treating fetus as an organ. They didn’t recognize it as a living life within her. Even married couples are saying that it is not a convenient time. Abortion is never a easy topic, but woman are making it a choice. In India Para Medical Company growing their business by selling the pills and capsules, using woman personal rights do know in India people below 23 aged using this without medical practitioner advice. Due to that in young age they are loosing motherhoodness with the side effects. Restrictions should be imposed on selling of contraceptive pills and capsule.

The government of India is also enacted Pre Natal Diagnostic Techniques Act of 1994 and the Medical Termination of Pregnancy Act of 1971 was enacted by the Government of India with the intention of reducing the incidence of illegal abortion and consequence maternal mortality and morbidity. The Indian Penal Code (Act No. 45 of 1860) permitted abortion only when it was justified for the good faith purpose of saving the life of the woman. Section 312 to 316 of the Penal Code provided that any person performing an illegal abortion was subject to imprisonment for three years and/or payment of a fine; if the woman was “quick with child”, the punishment was imprisonment for up to seven years and payment of a fine [3]. The same penalty applied to a woman who induced her own miscarriage. In India, some statute provides certain benefits to unborn child. For example: section.13 of Transfer of Property Act [4]. Ronald Dwork an American philosopher, jurist and scholar in united states constitutional law; he made a detailed study on the issue of abortion. In his study fetus is complete moral person form the moment of conception, the unborn has to the right to live and abortion is a murder or nearly a wrong as murder [5]. The scientist has observed that to feel pain for the fetus brain it will nearly takes 26 weeks period approximately [6].

BACK STREET ABORTIONS:

In modern India some people who are uneducated are practicing the out dated methods for purpose of abortion. Some are using this purpose for illegal means; unsafe abortions are killing a woman every two hour in this country. According to the 2008 World Health Organization’s report, about two thirds of all abortions that takes place in the country are outside authorized health facilities. As a result of abortion causes an estimated eight percent of maternal death in India [7].

SEX SELECTIVE ABORTIONS:

In general words sex selection abortions means the abortion that can be caused to select the specific gender. Sex selection abortions is caused mainly in the small family(middle class) thast is financially backward and some are because of their prestige of families, in this families more about having the male than female because of their kinship. .”Most of the abortions that women get in India are due to sex selection. Out of all 9% of abortion in India happens because of sex selection. Sex selective abortion can only be performed once the sex of fetus can be determined which only becomes possible in the second trimester. The vast majority of abortions are actually first trimester abortions [8].

Abortions are protested by many pro life activists. Pro-life is the group that defies the act of abortion. One argument pro-life stands by is that a fetus is actually a human and should be allowed to live [9].some re discussing abortion with the perspective right of woman, not a human life.

In India law provides rights to unborn child in various statutes. In India argument are raising to extend gestation for abortion form current 20 to 24 weeks for women falling under special category. Rate of maternal deaths due to unsafe abortion complications is 8% [10]. Some of them are stating amendment required for medical termination of pregnancy act example for amendment, it was in 2008 when Mumbai couple Haresh and Nikitha filed petition before the Bombay high court to allow them to abort their 26 week old fetus who had been diagnosed with a heart defect, the court did not grant the couple by saying medical experts had not stated the child would suffers from serious handicapped and law regulates abortion for 20week need change only addressed by legislature[11]. In India amendment required for the concept of consent of husband for termination of pregnancy

ABORTION IN GOOD FAITH:

In India some abortion are done with the good faith because of pregnancy would involve the risk of life to woman and woman’s physical and mental grave injury to woman if not aborted. Abortion is also done for substantial risk for the children who are born out of pregnancy (like mental illness and physical handicapped) for that purpose of abortion government taken steps to safe abort such as abortion can be done only in government hospitals and government licensed hospitals.

Most common problem for abortion in India is relative or husband forcing women for abortion because of some reason like sex selective, financial issues and superstitious beliefs, woman are being pressurized to get abortions. Even though abortion is now legal, it is still a murder. This is the murder of an innocent child by a procedure known as abortion. In one article in the American medical news, the doctor said, I have angry feelings at myself for feeling good about grasping the calvarias(head)[12].nobody wants to perform abortion after ten weeks because by the you see the features of the baby hands and feet. It is really barbaric [13].

CONCLUDE:

Pregnancy is the most wonderful creation to have life growing inside the women, there is no bigger gift for women. Killing a pregnant woman, people say it is a double murder have an abortion, it is called pro-choice doesn’t make sense. Can mother be a own killer of his own child. The aforesaid shows that life is beyond price and it is not only a legal wrong, but a moral sin as well, to take away life illegally [14]. To banish the doubt as whether the fetus has a life, what has been stated by Taylor in his Principle and Practice; of Medical Jurisprudence may be noted where the learned author has opined at page. 332 (13th Edition.) that legally both abortion and miscarriage are synonymous because the fetus being regarded as a “human life from the moment of fertilization”. Unborn baby is also human no one has right to take away the life. Right to life is the most important right of constitution, so it can be violative of right to life.

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