Author: Kanishka Gupta, Student at Jindal Global Law School, O.P. Jindal Global University, Sonipat
ABSTRACT
Medical Termination of Pregnancy Laws in India have always been under scrutiny. Although Abortion rights are recognized in India, the rights in itself, can be questioned. An Act which seeks to protect certain sections, fails in its objective when the drafting of it leaves a lot to be questioned and interpreted. In 2021, an act amending the Medical Termination of Pregnancy Act, 1971, was introduced and the amendment appears to be in support of abortion but upon a close reading, the reality of its restrictive nature and bias can be seen. Not only through its innocent ambiguity, certain deliberate designing of the act and careful planning of the structure creates a level of doubt pertaining to its reach of aiding people in seeking abortion. The amendment is selective in its reach and the drafting is ambiguous, vague and obstruse. Certain words have restrictive meaning, and it reduces the reach of this amendment. It also creates a disbalance of power and makes certain sections of society weaker and doctors dominant and influential and leaves the power to grant abortion in their hands. Lastly, it excludes already weaker members of society from access to termination of their pregnancy which leads to a detrimental effect. Weaker members should have been protected but using words which specifically exclude certain members is regressive and is not supportive of right to abortion. These factors make this amendment ambiguous to its core, as excluding certain sections of the society and restricting its reach, fails the amendment from delivering its objectives.
