Balika Vadhu


Balika Vadhu
Balika Vadhu

Legalities of abortion - Gauri's case...

sreevask Goldie

Joined: 11 March 2011
Posts: 1914

Posted: 05 September 2012 at 7:43am | IP Logged
We are favoring Gauri's decision to abort ...that's fine...but it can not be taken as her right!

Let's evaluate what are the options n means substantiating her stand as per the statutory provisions...

Part-B :  What is her status as per The Law..
Part-C : What is the best possible move for her benefit ?

Part- A

Abortion law in India

Under the Medical Termination of Pregnancy Act, 1972, pregnancy may be terminated, provided certain conditions are met. It may be noted that medical termination of pregnancy can take place only in a hospital established or maintained by Government, or a place for the time being approved by Government. If the person is a minor or mentally unsound, no abortion can take place without the consent of the guardian.

In all other cases, pregnancy can be terminated:

  1. Where the length of the pregnancy has not exceeded twelve weeks – if one registered medical practitioner.
  2. Where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks – if not less than two registered medical practitioners are, of opinion formed in good faith, that—
    1. The continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or
    2. There is a substantial risk that if the child was born, it would have suffered from such physical or mental abnormalities as to be seriously handicapped.

The only exception to the requirements under the Act arises if the termination of a pregnancy is immediately necessary to save the life of the pregnant woman, in which case, a registered medical practitioner may conduct an abortion at a place other than those specified under the Act, irrespective of the period of pregnancy.

There is a statutory presumption that where the pregnancy is alleged by the pregnant woman to have been caused by rape, or where pregnancy occurs as a result of failure of contraception used by any married woman or her husband for the purpose of limiting the number of children, such pregnancy is a "a grave injury to the mental health of the pregnant woman", and therefore, in such cases, there is a statutory entitlement to abortion. Besides this, the Act also provides that in determining whether the continuance of a pregnancy would involve such risk or injury, account may be taken of the pregnant woman's actual or reasonably foreseeable environment. However, this leaves the ultimate decision in the hands of the medical practitioner, and there is no legal entitlement to abortion. So, for instance, if pregnancy occurs due to failure of contraception by an unmarried woman, she cannot demand abortion as a matter of right.



What is her status as per The Law ?

Her status is just a concubine as of now. as per The Hindu Marriage Act..But she can sue Jagat on the basis of Domestic violence Act,2005.Also her children can claim for share in his properties..

These laws were discussed already in my previous post   [ vide ]


                                                                        Part- C

What is the best possible move for her benefit ?

Before taking the step to go for termination , I wish her resolve all issues with her lover..

For that she needs to go to Jaitsar once n warn them that she wd attach Haveli properties for her maintenance by suing Jagat as Bhairon did not disown him officially...n lodge Domestic violence case on Jagat... 

Otherwise Jagat takes everything for granted...

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surabhi01 IF-Sizzlerz

Joined: 16 February 2012
Posts: 14765

Posted: 05 September 2012 at 7:49am | IP Logged
ya i also read abortion law .it is not at all personal choice

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sreevask Goldie

Joined: 11 March 2011
Posts: 1914

Posted: 05 September 2012 at 7:49am | IP Logged
If the age of the foetus is less than 12 weeks she can go for abortion...
After that she shd face the society just as Anandi faced humiliation n insult...for years together..before moving ahead with some other guy...

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Suchi- IF-Sizzlerz

Joined: 19 November 2009
Posts: 12555

Posted: 05 September 2012 at 7:51am | IP Logged
gauri nay apnay paun main KUDH kuladi mari hai.

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sreevask Goldie

Joined: 11 March 2011
Posts: 1914

Posted: 05 September 2012 at 8:01am | IP Logged
I have a small hope on this character that she won't take  the blow silently as Anandi did...I want her give him the biggest blow to make him remember for births together what a woman can do!

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Ash_Storyteller Goldie

Joined: 17 January 2012
Posts: 1523

Posted: 05 September 2012 at 8:02am | IP Logged

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sreevask Goldie

Joined: 11 March 2011
Posts: 1914

Posted: 05 September 2012 at 8:09am | IP Logged
The question is 
How to punish jagya for his mischief n throwing blame back on to Gauri?

Forget Gauri's realization of her mistakes ...n redemption...I am least bothered of that scenario...Let her be as she is ...but she should teach Jagat a BIG lesson that he never forgets..
vamita Goldie

Joined: 22 October 2008
Posts: 1566

Posted: 05 September 2012 at 8:11am | IP Logged
Gauri has a one way route, where she never thinks from the other angle...Never did and never will...She will always think about me and my self...She did not even spare her parents, sending them away, when she felt that they were interfeering too much and then bringing them back when needed...So, nothing new there...! She is selfish and will see the benifits she will have due to this child for her...! If she feels that this child is of no use, then she will abort it...! She doesn't even think of this child from a child's point of view...! Of what he or she would face, due to her conduct or if he or she will have good happy life or not...It is always about her...! So, only a good reason, where she will be benifited to keep this pregnancy will make her keep the baby...Legal or illegal, I don't think it will matter here as well, when it did not even matter for her marriage...!

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