Around half a century ago when Medical Termination of Pregnancy Act 1971, was legislated it had been a taboo among old Indian society, besides being an offence under various provisions of IPC, if any woman tried to get her pregnancy terminated. It was considered unethical or immoral, irrespective of whatsoever reasons.”
“There had been long debates world over, far and against, in the realms of jurisprudence. It was argued that if life of the mother was found to be in danger, termination of the foetus was justified, because the mother has the right of self- defense against an unborn child; while on the other hand it was argued that the foetus was a person and killing it for whatever reason is at least wrong on immoral, unethical and legal grounds.”
“The MTP Act 1971, had tried to create a balance between the two views. Provisions were made to terminate a pregnancy until the foetus was 12 weeks old when it had not attained a status of ‘person-hood’, that too by a medical practitioner who was acting in good faith. But further restrictions were imposed if it was 20 weeks old.”
The provisions of the Act of 1971 were made for the sole object of protecting the health, mental or physical, of women. But the perceptions of modern society have changed almost altogether since the legislation came into being.”
“Not only large number of rape cases are coming up, but the liberalization of society, where perceptions like two consenting adults indulge in sexual acts, including adulterers, does not constitute any offence, need opportunities to get the unwanted pregnancy terminated. In such type of circumstances, people resort to approach fictitious medical practitioners and harm is inevitable to be caused. With these views and the circumstances, these provisions of the Act may be viewed.”