Medico-Legal Obligations of Hospitals: A Study in Relation to Abortion Cases in India

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VidushiGoel, Dr Neha Bahl

Abstract

The cause of abortion usually being accident and/or natural and may be because of choice and desire of the couple or women as owner of the womb. It is this aspect of exclusive right of women, to abort, which is debatable in law and society, besides, there are obligations on Hospitals while permitting women to abort. It is also seen that in some case hospitals have been negligent while in others some have adopted un-fair practices. A child is by-product of sexual act either as consequences ofmarriage, living relation or so on and so forth. Mother is considered to be the owner of the womb, accordingly, has a say in continuance of the pregnancy and/or its termination. This right of mother(s) ownership is regulated by social norms and law. The Indian Penal Code covers the offences against the fetus under Section 312-318 and labels such act(s) as punishable with maximum punishment of 7 years. The Law not being sufficient and keeping in view the social change and need, the legislature framed the Law namely, The Medical Termination of Pregnancy Act in year 1971 with exceptions, limitations and prohibitions. It is this aspect of exclusive right of women, to abort, which is debatable in law and society. Though the law at present permits abortion of fetus before 20 weeks of pregnancy subject to limitations and procedures thereto. The topic involves not only the Law, society but also the obligations on Hospitals. Accordingly, the research topic has its essence to determine the right of mother, in presence of other conflicting claims, besides, obligations on Hospitals. The topic is dealt on doctrinal methodology on the strength of primary and secondary source of data, whereby one set of data has been corroborated with the other for arriving at conclusion to understand whether mother’s right is absolute and exclusive and/or it is covered and cloaked by limitations, besides , the duties of Hospitals and remedy for deviation and Negligence on their part .

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