Analyse the facts and provide answers to the following: 1. Although in ancient and primitive times there were widespread practices of abortion and infanticide among savage, semi-civilized and even sophisticated races, the later period provided a better status to the unborn children. But as far as India is concerned, there are many statues, which deal with this point. There is no fiction as to his intention, but the law can give effect to that intention only by the fiction that the child en ventre sa mere is actually born, provided it is in fact subsequently born alive. In case B had no child then after the death of B, the property was to go absolutely to X. Explanation appended to Section 3 2 tells that the married couple is vested with right to get rid of unwanted pregnancy if it takes place due to failure of any contraceptive.
The laws under Common law need to be reviewed to recognize the existence of other scenarios where fundamental rights such as Right to Life are not being protected by law per se and other interpretations of it. There is thus avoidable wastage of the mother's health, strength and, sometimes, life. Only in cases where an abortion may affect her life, her freedom may be curtailed. The Medical Termination of Pregnancy Act, 1971 Liberalization of abortion laws was also advocated as one of the measures of population control. Drazen, Editior-in-Chief of The New England Journal of Medicine When life begins, is a philosophical question. This distinct quality places her on both advantageous and disadvantageous stance. It is the time when, spared the rigours of adult life, one hardly shoulders any kind of responsibility and obligations.
They should be provided with old age pension if they do not have a son. This will be a loss to the society because it will be deprived of any benefit arising out of that property. But for some reason there are still children in this world being exploited because they are so weak and do not have a voice in the adult world they are constantly taken advantage of because they are not responsible for themselves. It may be a time when she wants to change her profession, which requires free time and hard work. · Another argument is that an embryo or, in later stages of development, a fetus is a human being, entitled to protection, from the moment of conception and therefore has a right to life that must be respected. Centuries of repression has made inferiority second nature to most women. The question which is the reason for this discussion is- whether a mother has a right to abortion vis a vis the right to life of the unborn What are the International instruments which sanction the right to abortion.
In the process of investigations, the police may obtain leads as to where Otieno may be hiding and eventually apprehend him. Formal laws and policies are crucial indicators of government commitment to promoting reproductive rights. Object: As discussed earlier, it is important to ensure free and active circulation of property both for trade and commerce as well as for the betterment of the property that ultimately is good for the society. On the opposite side are the pro-life campaigners, who believe in the right to life of the unborn child and think that abortion is wrong. Children right of protection Child sexual and emotional abuse in India C hildren abuse is considered as a serious phenomenon in many countries around the world in which a person below the age of eighteen is being emotionally and sexually maltreated.
The issue of child abuse and violation is one of the most critical matters on the international human rights agenda. It is a small Act consisting of only eight sections. In recent years, when health services have expanded and hospitals are availed of to the fullest extent by all classes of society, doctors have often been confronted with gravely ill or dying pregnant women whose pregnant uterus have been tampered with, a view to causing an abortion and consequently suffered very severely. It is here important to note that the penalty for unindicated sex determination and female foeticide is striking off the name from the register apart from criminal action. Husbands and relatives cannot ask or encourage pre-natal diagnostic techniques expect for reasons permitted under law.
S abortion at the beginning of pregnancy is not punishable but there is no distinction in India on such basis except in quantum of punishment: as Section 312 prescribes up to three years imprisonment or fine or both for causing the miscarriage a woman with child and up to seven years and also liable to fine for causing miscarriage to women quick with child. Statistically speaking women have a 28% chance of injury through driving and a 21% risk of injury while at home. Law can be cruel little bit but not absolutely: as section allows abortion in good faith for the purpose of saving the life of the woman. A woman has a right to abortion if: The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated The termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman The continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, or injury to the physical or mental health of any existing child of the family of the pregnant woman There is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped. The professionals in the medical field are only too glad to help parents realize their dream of a healthy baby boy. Winfield,The University of Toronto Law Journal , Vol.
The New York Appel- late Division has recently laid down obiter the doctrine that a child may recover for prenatal injuries. Such direction is void as per S. The Unborn Victims of Violence Act, 2004 seeks to do just that. It is noteworthy to mention that in Roe v. In the Supreme Court of Canada, interpreting Article 7 of the Canadian Charter which guarantees an individual's right to life, liberty and freedom and security of a person.
The laws India on the other hand, despite providing the provisions to carry out abortions restrict the act to just medical needs and do not give space to put in the factor of choice of the mothers. The event definitely left us with some food for our thoughts. His ownership is necessarily contingent, indeed, for he may never be born at all; but it is none the less a real and present ownership. Dobson p 25 Questions asked where, was there duty of care as defined in the courts? But, what constitute good faith is not a question of law, but of fact, to be decided in each and every case according to the facts and circumstances. An unborn child has the right not to be molested or interfered with. They willingly embrace the role of the meek, submissive, docile wife who works relentlessly to cater to the whims of her husband. Children are the most vulnerable ones in our society.
Rape victims are empowered to undergo abortion under the said Act to prevent further worsening of trauma. Despite this legalisation, a major proportion of induced abortions effected were illegal. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question? The child through his grandfather acting as litigation guardian brought a law suit against his mother alleging that she should be liable in tort as the accident was caused by her negligent driving. The Criminal Code of the country required a pregnant woman who wanted an abortion to submit an application to a therapeutic committee, which resulted in delays. But according to Jeffrey M. The current system for approving such centres is extremely cumbersome and slow. Abortion was being practised earlier by many.