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VOL. 10, ISSUE 5 (2024)
The medical termination of pregnancy (Amendment) ACT, 2021 with special reference to reproductive rights in India
Authors
Nitika Sharma, Umesh Kumar
Abstract
Earth is the best example of reproduction. In India, we consider the
earth as our mother. Earth’s greatest virtue is tolerance. In our country,
we compare the earth with a woman and when we compare, we expect women to be as
tolerant as the earth. And the habit of tolerance becomes an obstacle in
establishing women's rights. Both men and women have reproductive rights. We
cannot say that women have a monopoly in this. But if we look at the
statistics, we will find that half of the world’s population is women. Women’s
reproductive rights are outwitted in the world, be it by partners, family
members, or the state. The right to life is the principal right of humans and
human rights are those which are accessible to all human beings without any
unfairness. The fundamental right of women is the reproductive choice which
directly falls under the right to life and privacy, as recognized under Article
21 of, the Constitution of India. Reproductive and sexual rights directly deal
with freedom. When we talk about the law on reproductive rights, a main law
comes out, which is the MEDICAL TERMINATION OF PREGNANCY ACT, of 1971. Although
many other rights are associated with reproductive rights, but mainly
associated with the right to “Abort” and the right to “Conceive” Reproductive
rights include many human rights recognized by international laws, national
laws, and human rights documents. Such as couples and humans have full freedom
to determine the time of birth and number of children with responsibility.
Along with these, they make decisions regarding their reproduction without any
coercion, discrimination, and violence. In this paper MEDICAL TERMINATION
PREGNANCY ACT, 1971, and the amended Act 2021 are being analyzed. The changes
that the amended act has brought, and how it is positively and negatively
affecting the human rights and constitutional rights in India. If we talk about
human rights, then it is for all sections of society. So is the concern act
able to reconcile with all the sections of society because it seems that this
law has been made keeping in mind a particular gender and when we study it, it
seems that its provisions are not even completely in favour of women. The
purpose of presenting this paper is to discuss whether this act helps bring
gender justice and whether it is running in parallel with other laws or
overlapping or contradicting them.
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Pages:64-68
How to cite this article:
Nitika Sharma, Umesh Kumar "The medical termination of pregnancy (Amendment) ACT, 2021 with special reference to reproductive rights in India". International Journal of Law, Vol 10, Issue 5, 2024, Pages 64-68
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