This document discusses the dilemma of criminalizing abortion in India in terms of morality, health, and choices. It notes that abortion has been debated for a long time and is currently governed by the Medical Termination of Pregnancy Act of 1971, which only allows termination under certain grounds. The main concern is whether criminal law should impose moral standards or restrict women's choices about their lives and liberties. The hypothesis is that India's current policy of criminalizing abortion does not serve the purpose of criminal law and instead obstructs reproductive choices by pushing women toward unsafe illegal abortions. The objective is to determine if criminalizing abortion in India achieves the aims of criminal law.
This document discusses the dilemma of criminalizing abortion in India in terms of morality, health, and choices. It notes that abortion has been debated for a long time and is currently governed by the Medical Termination of Pregnancy Act of 1971, which only allows termination under certain grounds. The main concern is whether criminal law should impose moral standards or restrict women's choices about their lives and liberties. The hypothesis is that India's current policy of criminalizing abortion does not serve the purpose of criminal law and instead obstructs reproductive choices by pushing women toward unsafe illegal abortions. The objective is to determine if criminalizing abortion in India achieves the aims of criminal law.
This document discusses the dilemma of criminalizing abortion in India in terms of morality, health, and choices. It notes that abortion has been debated for a long time and is currently governed by the Medical Termination of Pregnancy Act of 1971, which only allows termination under certain grounds. The main concern is whether criminal law should impose moral standards or restrict women's choices about their lives and liberties. The hypothesis is that India's current policy of criminalizing abortion does not serve the purpose of criminal law and instead obstructs reproductive choices by pushing women toward unsafe illegal abortions. The objective is to determine if criminalizing abortion in India achieves the aims of criminal law.
AND CHOICES BACKGROUND Abortion has been a debatable topic since time immemorial. In India it is governed by Medical Termination of Pregnancy Act 1971. The Act Allows termination of pregnancy only on certain grounds. Restricting abortions on other grounds thus obstructs the choice of women. Thus the serious concern is whether the criminal law could be used as a means to impose moral standards, or to restrict the choices of woman, her life and liberty. HYPOTHESIS
The present status of abortion related policy India
criminalises it and does not serves the purpose of criminal law. It is not only obstructs the reproduction choices but also pushes women towards illegal abortions resulting in unsafe abortions. OBJECTIVE
To identify whether criminalisation of abortion in
India serves the purpose of criminal law RESEARCH QUESTIONS
What are the fundamental objectives of criminalising
abortion? Whether the goal serves the aims of criminal law? What is the status of unborn foetus? What is the impact of criminalisation of abortion? Whether criminalisation of abortion is excessive intervention in private sphere? The recent developments in laws related to abortion in other jurisdictions.