An Indian Bureaucrat's Diary

Travel India Abortion and the Law

Abortion & Law

There are different legal provisions relating to abortion in different countries.

The Position in India

In India, abortion is not allowed after 12 weeks of pregnancy.
This has led to a piquant situation.

A Unique Case

A couple in Mumbai – Niketa and Haresh Mehta were expecting a child.
A sonography test revealed that the 25 week old foetus had a congenital heart block.
The child-to- be-born would need a pace maker right from its birth and constant medical treatment for the rest of its life involving huge medical expenses.
They decided to get the baby aborted.
Doctors refused to carry out the abortion because abortion after 12 weeks of pregnancy is illegal.

The couple approached the Bombay High Court.
The Bombay High Court appointed an expert committee of three doctors to give their recommendations.
The team gave a report that they were in not in favour of the abortion, but the final decision had to be taken by the couple.

The Judges called the couple and discussed the matter with them.
The couple said they did want a child – but a healthy one.
So they wanted abortion – if legally possible.

The judges offered a suggestion that the state would take care of all the medical expenses of the child.
The couple did not accept the suggestion.
They did not have faith that the government would give timely help.

Dilemma

The Judges are in a dilemma.
They want to follow the law.
They have directed the expert committee to give a clear opinion.

Lord Dennings

It is a well know fact, that under the guise of interpreting laws, judges are constantly making laws.

In the words of Lord Dennings:“ Law does not stand still. It moves continually.Once this is recognised, then the task of the Judge is put on a higher plane.
He must consciously seek to mould the law so as to serve the needs of the time. He must not be a mere mechanic, a mere working mason, laying brick on brick, without thought to the overall design.

He must be an architect – thinking of the structure as a whole, building for society a system of law which is strong, durable and just.It is on his work that civilised society itself depends.”

Go ahead Judges.
You don’t need the support of a team of doctors.
You have the support of the noblest legal luminary in the world.

Dr. Binoy Gupta