Choice of a Woman Under Medical Termination of Pregnancy MTP Laws Together with Pre Natal Diagnostic Techniques PNDT A Critical Study

Abstract

In this thesis we are talking about conflict of rights then it is also necessary to mention here that according to Sec.3(4) of M.T.P. Act, 1971 - (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing of her guardian., (b) Save as otherwise provided in clause (a), no pregnancy shall be terminated except with the consent of the pregnant woman . This Section clearly says that for abortion consent of women is important. Husband consent is not required but in actual practice there are numerous cases of matrimonial disputes, where it has been found that whenever a woman terminates her pregnancy without taking her husband consent it becomes a ground for divorce, as its amount to mental cruelty.52So, there is a conflict between these two laws MTP Act and Family Laws (Hindu Marriage Act, 1955). As MTP says that wife can terminate her pregnancy without taking husband consent and family laws state it will add up to mental mercilessness if the spouse ends her pregnancy without taking her significant other s assent. Thus, at last no decision left for ladies. The main purpose of the study is to set up abortion right as a part of elementary right under Article 21 of Indian Constitution for every woman , examine inconsistency, if any between PNDT Act and Sec. 3 of MTP Act. Also examine if selective abortion is allowed then it may control growth of population and to promote public awareness for having balanced family. In last suggest measures for achieving the ultimate objective of Five year family plan and to balance the sex ratio. newline