Medical Termination of Pregnancy Act: A Boon or a Bane for a Woman in India - A Critical Analysis

In India, Pregnancy can be terminated till 20 weeks under Medical Termination of Pregnancy Act, 1971. After that, either one has to go for illegal abortion or forcefully have to bear the child. Niketa Mehta case is one of the best example to cite and discuss about the plight of the women in India where women has the right of abortion but with a limitation and this limitation has caused not only serious social, legal but as well as reproductive health issue in women especially about their right for safe abortion. In most of the cases of pregnancy it is found that any abnormality relating to foetus is visible after 18 weeks. And there is some test like Triple Marker Test which is conducted during 15 to 20 weeks of pregnancy to find any genetic abnormality of foetus and not before that and moreover it is only after 20 weeks of pregnancy when abnormality is visible. Many times medically it is not possible to treat the foetus, and then in that case abortion is the way to terminate the pregnancy not only for the benefit of the foetus but for the family and society. And in such case if the mother is forced to carry the foetus then she will be not only affected psychologically and but also likely to face severe health complication due to this in future. My paper will focus on the reproductive health issue of the woman where abortion is required as a protective measure for her health and for the well being of her and her family.