CRIMINALITY VS MORALITY

 

 

MORALITY VS CRIMINALITY 

Few months back America’s supreme court overturned its own verdict in the case of Roe Vs Wade, in effect withdrawing the constitutional right on Abortion which the American Women were enjoying over 5 decades.  This judgement created sensation all over the world and the entire international media was glued to this news which was marked by widespread protests all over USA.

 

While at it, last week (29.9.2022) Indian supreme court passed a landmark judgement wherein it  made  ‘Abortion’ almost a fundamental right to a  woman.  Unfortunately this bypassed the main stream media.

 

For the starters, unlike US, India has a well defined abortion laws which is governed by The Medical Termination of Pregnancy Act 1971 (amended in 2021).  Rules under this Act sets a comprehensive guidelines which gives a woman right to seek abortion and protection for the medical practioners who perform such abortions.

 

Although, the above Act was extensive and well defined, it failed to confer this absolute rights of abortion to a unmarried women.   However, it allowed abortions for whom the marital relationship changed during pregnancy.

 

In the instant case an unmarried Indian woman from Manipur belonging to a farming community  was deserted by her fiance after her pregnancy.  She sought the court’s intervention for abortion on the grounds that her relationship with her fiance changed after the pregnancy.

 

So the substantial question that came before the court was whether the pre-marital relatiohsip is also a legal status. After drawing inferences from various case laws viz Living in Relationship case, Hindu Succession Act etc, court finally decided to allow the petioners request.

 

What is good to see here is (a) Indian laws are progressive (b) common person like a farming girl from NE can get timely justice. Why timely? at the time of petition her foetus was 19 weeks and if reaches 24 weeks, the above said Act will not apply. Hence, the case has to be decided in 5 weeks of time.

 What is concerning here is (a) SC has weighed the aspect of ‘criminality’ a cut above ‘morality’.  May be that’s why courts are in the business of justice and not in the business of law.