Document Fragment View

Matching Fragments

2.4 The Principal Civil Judge, Dhandhuka vide order dated 26th March,2015 refused to accord the permission for termination of the pregnancy having regard to the provisions of the law and the age of the foetus.

2.5 In such circumstances referred to above, the applicant has come-up with a fervent appeal that being a victim of rape she would not like to continue with the pregnancy and deliver the child.

3. Abortion is an issue overshadowed and shrugged with glaring questions of morality, infanticide, suicide, ethics, religious beliefs and women's rights. To what amplitude, abortion should be permitted, encouraged, restricted or repressed is a social issue that has effectively divided theologians, philosophers, legislators and general mass. The laws governing this delicate sphere of the woman's autonomy reflects immensely on the plight of woman in the society and encompasses emotive and poignant sets of views making it a mammoth task for the legislators to ensure that the constitutional mandate of equality and liberty are adhered to and the constitutional spirit is kept alive. (see women's Right to Abort (2011) 10 SCC J-23) 3.1 P.Ramanatha Aiyer's The Law Lexicon, defines "abortion" as, the delivery or expulsion of the human foetus prematurely i.e. before it is yet capable of sustaining life. The unlawful destruction or the bringing forth prematurely of the human foetus before the natural time of birth. To cause an abortion is unlawful, unless it is done in good faith for the purpose of saving the life of the mother. A woman is considered to be with child as soon as she becomes pregnant. Quickening is the name applied to peculiar sensations experienced by a woman about the fourth or fifth month of pregnancy. As stated in Modi on Medical Jurisprudence and Toxicology, at the first perception of "quickening" or the foetal movement by the mother, she is said to be "quick with the child", and occurs at any time between 18-20 weeks. This term arises from the old notion that a foetus becomes endowed with life and secures an identity apart from the mother, when the movements are felt by the mother. However, causing miscarriage of a woman "quick with child" is considered a much graver offence, than causing miscarriage of a woman "with child". So in former, the prescribed punishment is imprisonment of either description for a term which may extend to seven years and a fine, whereas in the latter, the prescribed punishment is imprisonment of either description for a term which may extend to three years or with a fine or both.

3.2 In India, abortion is illegal according to the provisions of the Indian Penal Code. Section 312 to Section 318 deal with the needful in the following manner :

* Section 312 - the offence of causing miscarriage. * Section 313 - causing miscarriage without women's consent.
* Section 314 - death caused by act done with the intent to cause miscarriage.
* Section 315 - acts done with intent to prevent child being born alive or to cause it to die after birth. * Section 316 - causing death of quick unborn child by act amounting to culpable homicide.
3.3 Section 312 of the Indian Penal Code provides:
312. Causing miscarriage.- Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
"Section 312. Causing miscarriage,- Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.