Moral Force in the Rule of Law: Morality behind Abortion Laws and Right to Life of Foetus – in Context of Savita’s Case

Medically, three distinct terms viz. abortion, miscarriage and premature labour, are used to denote the expulsion of a foetus at different stages of gestation. Thus a term, abortion, is used only when an ovum is expelled within the first three months of pregnancy, before the placenta is formed. Miscarriage is used when a foetus is expelled from the fourth to the seventh month of gestation, before it is viable, while premature labour is the delivery of a viable child possibly capable of being reared, before it has become fully mature. Section 312 IPC made causing miscarriage an offence except in good faith for the purpose of saving the life of the woman without laying down the manner in which pregnancy could be medically terminated. Section 3 of the Medical Termination of Pregnancy Act, 1971 provides the guidelines or limitation within which the pregnancy could be terminated. A compromise which guarantees both protection of foetus as well as the freedom of abortion of a pregnant woman is impossible because termination of pregnancy always means “destruction of unborn life”. The legal order cannot, therefore, make a woman's self-determination, the principle of its regulations. On the other hand, protection of foetus must be given priority to the woman's right of self-determination.