Hey this time I want to share my little knowledge on one of the topic of law which I gained through my research work. Recently I and along with one of my friend researched on the topic-  ABORTION: WHAT THE LAW IS AND WHAT THE LAW SHOULD BE (in India). I feel that this should be discussed in the society and awareness should be spread among people because nowadays people abort more compared to the earlier times. I will try to share my views on what the law should be in India in contradiction with the prevailing law.

Whether the woman has right to abort her own child. And if yes, in what condition. A woman who has already been subject to the mental trauma, a violent act of rape and who is in need for love, care and support. Should we ask her to be a party to a second violent act of killing or aborting the child? Does she have the right of aborting the child in case of rape? Does she has the right to lead a normal life Why is the child to be blamed and killed? Who is responsible for this? Is the mother liable for this or the father? Most of the times these questions are left unanswered which leads to taking wrong consequences in one's life. 

The law should be made in such a way that in certain situations and circumstances Abortion should be made legal but in certain situation, it shouldn't be. As per India’s abortion laws only qualified doctors, under stipulated conditions, can perform abortion on a woman in an approved clinic or hospital. The Indian abortion laws fall under the Medical Termination of Pregnancy (MTP) Act, which was enacted by the Indian Parliament in the year 1971. This law guarantees the Right of Women in India to terminate an unintended pregnancy by a registered medical practitioner in a hospital established or maintained by the Government or a place being approved by the Government. 

The Medical Termination of Pregnancy (MTP) Act of India clearly lays down the condition that abortion can be terminated if the length of the fetus has not exceeded 12 weeks and in case it is within 20 weeks then consultation of two medical practitioners are required. Rather the law shall be changed to three medical practitioners for consultation in order to avoid ambiguity. In case of two medical practitioners, if both of them are of the same opinion then a third and final opinion shall be obtained to avoid confusion. The law clearly states that abortions can only take place in government hospitals but the fact that private hospitals provide better health conditions than the government hospitals, can be said to be one of the option for the woman to abort the child in private hospitals. In cases where the financial position of the family is not well off and can’t afford a child, then in such circumstances, the law shall give the woman the liberty to abort the child. But this opportunity shall only be given once to each of the family i.e., a family can abort a child only once and not more than that. The termination of the pregnancy shall take place within 8 weeks of the pregnancy. Keeping the same case in mind, if the couple wants to terminate the pregnancy because of the fact that they already have children and are not in a need for another one, then in such circumstances termination of the pregnancy shall be allowed. If the man is already married and the wife is pregnant with his child, yet the man goes and have illicit relation with some other lady (lady is unaware of his 1^st marriage), then in such circumstances the woman can ask for abortion and divorce, both, directly from the court of law. The court shall grant her relief. In a similar circumstances, where a man who is already married with ‘A’, still he goes and have an illicit relationship with ‘B’ (who is unaware of his previous marriage), and if ‘B’ gets pregnant with his child, then in such circumstances B will have the right to terminate the pregnancy within the time period of 20 weeks so as to save her own future life. The existing law provides that in case the girl is married and yet she wants to terminate the pregnancy, then she need not attain the consent of the husband. Written consent from the girl is enough. But, the law shall be changed in such a way that consent of both the parties (husband and wife) should be made compulsory with a proper reasoning.  

These are some of my views which I felt to be corrected in the existing law. Though this topic might not sound interesting to all but still I thought of sharing it so that some can think about this instead of blindly following the laws made by legislature.