The Politics Behind the Reproductive Health in India: Special Reference to Abortion Law

Abstract

Abortion is considered to be as one of the essential reproductive right of the women irrespective of the caste and creed. Even in many international conferences like in International Conference on Population and Development it has been repeatedly said that “Governments should take appropriate steps to help women avoid abortion, which in no case should be promoted as a method of family planning, and in all cases provide for the humane treatment and counseling of women who have had recourse to abortion. Abortion was considered to be as essential and basic right of the women”. Though women has to struggle for this right long back. but still in some parts of the world this right is not so easy to get. In India also, though Abortion is allowed under certain conditions. but many loopholes are there in the abortion law of India. One of such loopholes is that Indian Abortion law failed to consider the situation which may cause anguish to women if abortion is not allowed. Many situation are their where women were denied abortion in India. Like in the case of Dr. Nikhil Datar & others-vs-Union of India, (2008) 110 bom L.R. 3293. Although it is mentioned in many international conferences that Abortion should not be used as Family Planning Methods. but in India Abortion is used as Family Planning methods which one can found from the language of Section 3 of MTP Act. 1971.