Free Medico Legal Advice | निःशुल्क मेडिको-कानूनी सलाह

MTP
Discussion in 'All Categories' started by Ankita Chowdhary - Jun 1st, 2014 11:29 pm.
Ankita Chowdhary
Ankita Chowdhary
I want to know that upto which month Medical termination of pregnancy is legally allowed.
re: MTP by ADITYA RAJESHWAR - Jun 2nd, 2014 5:24 am
#1
ADITYA RAJESHWAR
ADITYA RAJESHWAR
Dear Ankita Choudhary,

Under The Medical Termination Of Pregnancy Act, 1971, Section-3(clause 2).The pregnancy can be terminated legally till twelve weeks, if pregnancy exceeds twelve weeks then also it can be terminated within twelve to twenty weeks, if the doctors are of opinion and in good faith believes that such pregnancy either risk the life of pregnant women or may cause physical or mental injury to her, or may believe that there is substantial risk of child being born seriously handicapped.

In the case of pregnancy occurring due to rape or failure of some method/device used to limiting the number of child such pregnancy shall be considered as causing injury to mental health.

With Regards,
Aditya Rajeshwar.
re: MTP by Dr R K Mishra - Jun 2nd, 2014 6:03 am
#2
 Dr R K Mishra
Dr R K Mishra
Dear Mrs. Chowdhary

Abortion in India is under strict scrutiny of law. It is legal only up to twenty weeks of being pregnant. Only under specific conditions and situations which are broadly defined below it can be done after twenty week:

The continuance of the pregnancy would involve a risk to the lifetime of the expectant mother or of grave injury physical or mental health.

2. There is a substantial risk when the child were born, it might suffer from such physical or mental abnormalities they can be seriously handicapped.

3. A grownup adult woman requires no other person consent except her own.

Abortion in India is so much controversial because the reason for Gendercide. In many areas of India as you might be aware of, daughters are not preferred and therefore sex determination followed by abortion is often practiced, resulting in an unnatural male to female population sex ratio.

So you should keep in mind The Indian Penal Code, that was enacted in 1860 and was written in accordance with Indian law during the time of is creation, declared induced abortion as illegal.

Induced abortion was defined as purposely causing miscarriage. Abortion practitioners would either be incarcerated for approximately three years, fined, or both; women undergoing abortions could be imprisoned for approximately seven years and also be charged an additional fine. The only real exception was when abortion was induced to save the life of the woman.
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