The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy Act, 1971

The Medical Termination of Pregnancy

The Indian penal code, 1860, which enacted more than a century a go, on the basis of the then British law, contained some provision regarding the termination of pregnancy. Abortion was a crime, for which the mother as well as the abortionist could be punished except were it has been induced in order to save the life of the mother. This strict law has been observed in the breach all over the country. This breach of law, which went unnoticed, was one of the major factors for the untimely death of pregnant mother. Moreover during the then prevailing circumstances medical facility was not sufficient. In recent year, healthy service has expanded and the services of hospitals are being availed to all classes of people. Doctor has often been confronted with gravely ill or dying pregnant women uterus has been tampered with a view to causing an abortion and consequently has suffered seriously.  In order to save pregnant women’s health, strength and sometime life The Medical Termination of Pregnancy bill was introduced in the parliament.

The Medical Termination of Pregnancy

The Medical Termination of Pregnancy Act, 1971 provides for the termination of certain pregnancies and for matters connected therewith or incidental thereto by registered medical practitioner.

When pregnancy can be terminated by registered medical practitioners:

In term of section 3 of the Medical Termination of Pregnancy Act, 1971 a pregnancy may be terminated by a registered medical practitioner under the following circumstances:-

The Medical Termination of Pregnancy

1)    Where the length of pregnancy does not exceed twelve week, if a medical practitioner is: or 

2)    Where the length of pregnancy exceed twelve week but does not exceed twenty week, if not less than two registered medical practitioner are,

Of the opinion formed in good faith; that-

The Medical Termination of Pregnancy

a)    The continuance of the pregnancy would involve a risk to the life of the pregnant women or of grave injury to her physical or mental health; or

b)    There is a substantial risk That If the Child was Born, It Would Suffer From such Physical or Mental Abnormalities as to Be Seriously Handicapped.

In other words, pregnancy can be by registered medical practitioner Where the length of pregnancy does not exceed twelve week or Where the length of pregnancy exceed twelve week but does not exceed twenty week.

CONSENT:  Pregnancy Of Any Women Who Is Less Than 18 Year or who is mentally ill can be terminated only, with the consent of writing of her guardian [section 3(3)].

The Medical Termination of Pregnancy

Place were pregnancy may be terminated

According to section 4 of Medical Termination of Pregnancy Act, 1971, pregnancy can be terminated either in hospitals established or maintained by the government or at place which is approved by the government or district level committee constituted by the government.

Protection of action taken in good faith.

According to section 6 of Medical Termination of Pregnancy Act, 1971, if any registered medical practitioner causes any damage by any thing which is in good faith, done or intended to be done under the Medical Termination of Pregnancy Act, 1971, no suit or other legal proceeding can be instituted against him.

CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957

CONVENTION ON THE NATIONALITY OF MARRIED WOMEN, 1957

NATIONALITY OF MARRIED WOMEN

The general assembly of the united nation had adopted the convention ON THE NATIONALITY OF MARRIED WOMEN, 1957, notably, the commission expressed concern regarding the determination of nationality of married women in the context of marriage and its dissolution. Consequently a commission prepared draft of the convention in 1957, which was adopted by general assembly of the united nation and was called the convention of the nationality of women, 1957.

Various committees were undertaken by the contracting parties. Briefly these are as under-

NATIONALITY OF MARRIED WOMEN

1)    Article 1- neither the celebration nor the dissolution of a marriage between one of its nationals and an alien, nor the change of nationality by the husband during marriage, shall automatically, and shall affect the nationality of the wife.

NATIONALITY OF MARRIED WOMEN

2)    Article 2- neither the voluntary acquisition of the nationality of another state nor the renunciations of it nationality by one of its nationals shall prevent the retention of its nationality by the wife of such national.

3)    Article 3- the alien wife of one of its national may, at her request, acquires the nationality of her husband through specially privileged naturalization procedures. However the grant   of such nationality may be subjected to such limitation as may be imposed in the interest of national security or public policy.

NATIONALITY OF MARRIED WOMEN

4)    Article 3,para 2- the present convention shall not be construed as affecting legislation or judicial practice by which the alien of one of its national may, at her request, acquire her husbands nationality as a matter of rights.

Declaration on elimination of discrimination against women,1967

Declaration on elimination of discrimination against women,1967

JUSTICE

On the 7^th December 1967, the General Assembly of the united nation adopted the Declaration on elimination of discrimination against women, 1967.

The preamble of this declaration states that despite the existence of various conventions protection the right of women the discrimination against women continues.  This declaration is pledge to eradicate discrimination against women in any form. It re-affirms the principal of equality of women in world wide scenario.

NO DISCRIMINATION

Article 10 of the Declaration on elimination of discrimination against women, 1967 states that all adequate measure shall be undertaken to ensure equality of married or unmarried women with men in social and economic fields and specifically-

1)    The right without discrimination on grounds of ,marital status or any other ground to receive vocational training to work, to free choice of profession and employment.

2)    The right to equal pay/salary with men.

EQUAL PAY

3)    The right to equal treatment relating to work of similar nature

RIGHT

    4)    The right to receive family allowances on equal terms with men.

With a view to prevent discrimination the status of women is to be regarded with equality in respect of married or unmarried in public employment and consequential family benefits. However, physical incapacity of a woman shall not be treated as discrimination.

Convention on elimination of all forms of discrimination against women, 1979

Convention on elimination of all forms of discrimination against women, 1979

To achieve the provision incorporated under article 1, 2 and 55 of the charter of united nation the declaration on the elimination of discrimination against women, 1967 was adopted by the general assembly of the united nation which consequently paved the pay to the adoption of the convention on the elimination of all forms of discrimination against women, 1979.

By mean of the said convention it was reiterated that the state parties to the international conventions on human right are under the obligation to provide equal right to men and women in civil, political, economical and cultural field. The specialized agencies have to be established in order to achieve the fundamental objective of the conventions and the efforts should be made to root out all forms of discrimination between men and women as discrimination of any kind is a sure obstacle to participation of women with men.  

The state parties to the convention were fully convinced that discrimination is an important factor causing obstruction in the development and advancement of women with men at national and international level. It was realized that that to achieve equality of women with men it is indispensible most in the present scenario.