Travel India Abortion and the Law

Binoy Gupta — Sat, 02 Aug 2008 11:28:13 +0000

Abortion & Law

There are different legal provisions relating to abortion in different countries.

The Position in India

In India, abortion is not allowed after 12 weeks of pregnancy.
This has led to a piquant situation.

A Unique Case

A couple in Mumbai – Niketa and Haresh Mehta were expecting a child.
A sonography test revealed that the 25 week old foetus had a congenital heart block.
The child-to- be-born would need a pace maker right from its birth and constant medical treatment for the rest of its life involving huge medical expenses.
They decided to get the baby aborted.
Doctors refused to carry out the abortion because abortion after 12 weeks of pregnancy is illegal.

The couple approached the Bombay High Court.
The Bombay High Court appointed an expert committee of three doctors to give their recommendations.
The team gave a report that they were in not in favour of the abortion, but the final decision had to be taken by the couple.

The Judges called the couple and discussed the matter with them.
The couple said they did want a child – but a healthy one.
So they wanted abortion – if legally possible.

The judges offered a suggestion that the state would take care of all the medical expenses of the child.
The couple did not accept the suggestion.
They did not have faith that the government would give timely help.

Dilemma

The Judges are in a dilemma.
They want to follow the law.
They have directed the expert committee to give a clear opinion.

Lord Dennings

It is a well know fact, that under the guise of interpreting laws, judges are constantly making laws.

In the words of Lord Dennings:“ Law does not stand still. It moves continually.Once this is recognised, then the task of the Judge is put on a higher plane.
He must consciously seek to mould the law so as to serve the needs of the time. He must not be a mere mechanic, a mere working mason, laying brick on brick, without thought to the overall design.

He must be an architect – thinking of the structure as a whole, building for society a system of law which is strong, durable and just.It is on his work that civilised society itself depends.”

Go ahead Judges.
You don’t need the support of a team of doctors.
You have the support of the noblest legal luminary in the world.

Dr. Binoy Gupta

Travel India Saving the Mangroves of Mumbai

Binoy Gupta — Thu, 10 Jul 2008 16:30:33 +0000

Once upon a time, Bombay (Mumbai) had vast areas of mangrove forests.
Over the years, most of these were cut down.
And the Maharashtra Government and its impotent officials remained mute spectators.

Bombay High Court to the rescue

In India, the Supreme Court and the High Courts – even though they are horribly overburdened with work – are able to do what the governments fail to do.

For instance, the Delhi High Court effectively cleaned up the polluted environment of Delhi.

In October 2005, the Bombay Environmental Action Group (BEAG) filed a PIL (Public Interest Litigation) before the Bombay High Court.
The Bombay High Court ordered “a total freeze on the destruction and cutting of mangroves in Maharashtra”.

The Bombay High Court ruled that the mangroves should be mapped and notified as “protected forests” within a deadline of eight months.
The Court asked the Maharashtra Government to hand over this land to the Forest Department by August 2006.

Notification of Mangrove Forests

In pursuance of the Bombay High Court’s order – in 2007, the Maharashtra Government identified and notified 2,157 hectares of mangroves.In July 2008, the Maharashtra Government notified a further 3,431 hectares of mangroves in and around Mumbai as ‘protected forests’.
The notification covers the mangroves in Borivali, Andheri, Kurla as well as parts of Colaba.
With this, the Government has notified 5,589 hectares of a total of 6,000 hectares of mangroves (or more than 90%) in Mumbai, Thane and Navi Mumbai.
But in all fairness, the credit should go to the Bombay High Court.

Notification of more mangroves needed

But according to experts, much more has to be done.
Vivek Kulkarni, mangrove expert and member of NGO Conservation Action Trust (CAT), welcomed the second notification.
But he says that the High Court ruling is for the protection of mangroves in the entire state and that mammoth job is still pending.Kulkarni points out that not notifying mangroves along the state’s coastline has already caused much harm to the valuable mangroves.
The mangrove land is being sold by builders at Rs 7 – 8 lakh per acre today. The price was only Rs 7,000 – 8,000 per acre a few years ago.

Mangrove Forests – Unique Eco systems

The mangrove forest is a unique eco system.
It is a natural sink which cleans the water of chemical pollution.
It harbours a wide range of birds, fishes, amphibians, crustaceans and other aquatic life.
It stops the onslaught of the wind and waves; and not only prevents erosion, but actually reclaims land from the sea.

Maharashtra Government – complete your work as early as possible.
Each one of us living in Mumbai will be thankful to you.

Bombay High Court – An Indian Bureaucrat's Diary

Travel India Abortion and the Law

Travel India Saving the Mangroves of Mumbai