SYNOPSIS ON

ABORTION LAWS IN INDIA

SUBMITTED TO: SUBMITTED BY:

Mrs. Garima Lakhmani Hritik Sheoran(16Ru11028)

Assiatant Professor Scholar

School of Law School of Law

Raffles University Raffles University

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TABLE OF CONTENTS
1. Acknowledgement
2. Research Methodology
3. Overview
4. Chapter I - Introduction
5. Chapter II - Abortion as a Human Right
6. Chapter III - Abortion in Constitution of India
7. Chapter IV - Medical Termination of Pregnancy Act
8. Chapter V - Socio-Ethical Issue
9. Chapter VI - Psychological Aspect
10. Chapter VII - Critical Review
11. Bibliography

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ACKNOWLEDGMENT

I take this opportunity to express our humble gratitude and personal regards to Mrs. Garima
Lakhmani for inspiring me and guiding us during the course of this assignment work and also for
his cooperation and guidance from time to time during the course of this assignment work on the
topic.
I have prepared this assignment not only for marks but also to increase my knowledge.

-Hritik Sheoran

Student

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RESEARCH METHODOLOGY

Aims and Objectives

The aim of the research project is to present a detailed study of the topic “ABORTION LAWS IN
INDIA” forming a concrete informative capsule of the same with an insight into its relevance in
the Criminology as the act of abortion is associated with many issues which are to be critically
analyzed. This research project aims to reply the social cultural issues and in what sense actually
the legal framework lacks behind in providing complete justice.

Research Plan

For the purpose of this research project researcher had followed the Doctrinal Method. For
doctrinal research, I have studied various articles, case laws, Journals, books etc. By reviewing
research articles of others researched wanted to critically examine their views and perspective of
considering this issue.

Method of Writing

The researcher has used both a descriptive and analytical method of writing in order to
understand the issues better. The researcher has also relied on case law, to get an in depth
understanding of the subject. The method of writing followed in the course of this research
project is primarily analytical and critical.

Sources of Data

The researcher had relied upon the secondary sourced of data for this research project to
critically analyze the Legal framework and views of the other authors. Secondary sources used in
the research are namely,

 Online portals
 Books
 Articles

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SYNOPSIS

WITH THE VIEW OF CRITICAL ANALYSIS FIRST THE RESEARCHER WOULD LIKE TO SUMMARIZE
THE WHOLE RESEARCH PROJECT

OVERVIEW

Abortion is a wonder that has been pondered upon since times immemorial and proceeds to be a
point of dispute even today. This level headed discussion can be restated in two terms-Pro
Choice what's more, Pro Life. Fetus removal is multi faceted in light of the fact that it includes
the climax of numerous viewpoints such as religion, morals, pharmaceutical and law. Abortion is
a social issue that gives freedom to ladies what's more, gives them energy to settle on their own.
Be that as it may, the Abortion debate in India would be good for nothing on the off chance that
it didn't consider the significant issue of female foeticide. Freedom of ladies, along these lines,
should be equilibrated against the privileges of the unborn child. 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.
Through this research I would like to critique the laws related to termination of pregnancy and
the social cultural issues related with the same concern. Women’s right regarding pregnancy
have become a critical issue and how the existing legislature lacks in bringing justice. The aim
of research is not only to bring out a compilation of the reports and legal framework together

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but the author through this article would like to bring attention towards the issues related to the
present framework from national as well as international perspective, as the customary norms
and general principles of law also have to been taken into consideration.

CHAPTERS

 CHAPTER I - INTRODUCTION
 CHAPTER II - ABORTION AS A HUMAN RIGHT
 CHAPTER III - ABORTION AND THE CONSTITUTION OF INDIA
 CHAPTER IV- MEDICAL TERMINATION OF PREGNANCY ACT, 1971
 CHAPTER V- SOCIO- ETHICAL ISSUES
 CHAPTER VI - PSYCHOSOCIAL ASPECTS
 CHAPTER VII - CRITICAL REVIEW

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BIBLIOGRAPHY

1. Universal Declaration of Human Rights, 1948.

2. Constitution of India.

Statutes Referred
1. Indian Penal Code, 1860.
2. Medical Termination of Pregnancy Act, 1971.

Research Portals Referred

1. www.manupatra.com.
2. www.westlaw.com.
3. www.scconline.com.

Articles referred

1. Betty Friedan, Abortion: A Woman’s Civil Right.

2. Pratibha Varkey, Reproductive Rights, Advocacy and changing the law.
3. William Saunders, “The ABC of International Right to Abortion”.
4. Sally Sheldon, Who is the mother to make the judgment? The construction of women in
English Abortion Laws.

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5. Seema Sharma, A comparative study of Abortion Laws in India and in England.

6. Yuganter Sahaye, What Indian Legislature must do for Rights of Women
7. Joyla Brownie, Recognition of Women Human Rights

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