Divya
A Nation that kills its children in the womb has lost its soul
- Mother Teresa
Who is an unborn child?
Whether an unborn child is a legal person?
No. Only when a child is born, he/she becomes a legal person.
Whether an unborn child possesses any rights?
Only when the unborn child attains viability, that is, only after he/she is being born.
Whether abortion is legal or illegal?
Before the passing of the Medical Termination of Pregnancy Act, 1971, abortion was considered to be illegal.
The Act provides that regardless of the choice of the woman, the abortion had to be signed on and agreed to by a Registered Medical Practitioner to 12 weeks of pregnancy and between 12-20 weeks of pregnancy, the Registered Medical Practitioners have to agree to do an abortion.
What are all the rights of an unborn child/foetus?
What are the international instruments that recognize the rights of an unborn child?
Whether abortion is not allowed in any circumstance?
No, abortion is allowed under the following circumstances:-
if the pregnancy would risk the pregnant woman’s life
if there is a substantial risk of mental/physical abnormalities in the unborn child
if pregnancy arises from sex crime like rape, intercourse with lunatic women, etc
if the woman’s physical/mental health would be endangered
if the pregnancy arises due to the failure of any contraceptive device used by wife & husband to limit the number of children
if the pregnancies in minor girls, only with guardian’s consent.
What is the time limit for terminating the pregnancy under the abovementioned grounds?
20 weeks because the foetus starts showing movements(quickening) during 20-21st week.
Whether determining the sex of the foetus before birth by using any technology is punishable?
Yes. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 prohibits the use of any technology to determine the sex of the foetus before its birth where the violators would be punished with imprisonment for a term which may extend to three years and fine which may extend to ten thousand rupees.
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