{"id":6324,"date":"2025-07-14T05:58:41","date_gmt":"2025-07-14T05:58:41","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=6324"},"modified":"2025-07-14T06:03:49","modified_gmt":"2025-07-14T06:03:49","slug":"abortion-ethics-bns-mtp-act-doctor-rights","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/abortion-ethics-bns-mtp-act-doctor-rights\/","title":{"rendered":"Beyond MTP Act Abortions And A Gynecologist\u2019s Ethical Right To Refuse"},"content":{"rendered":"\n\n\n
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Cowardice asks the question, \u2018is it safe?\u2019; expediency asks the question, \u2018is it politic?\u2019; vanity asks the question, \u2018is it popular?\u2019; but conscience asks the question, \u2018is it right?\u2019; and there comes a time when one must take a position that is neither safe, nor politic, nor popular, but because conscience tells one it is right.<\/p>\n\n\n\n

\u2013 Rev. Dr. Martin Luther King, Jr. (1929\u20131968)
Baptist minister and leader of the American civil rights movement<\/p>\n<\/blockquote>\n\n\n\n

<\/span>Q. Legality of a medical act per Sec 2(14) and 2(15) of BNS is challengeable under provisions of Sec 26 BNS, and the medical ethics. Then why not the legality of a surgeon\u2019s act of terminating the life of a viable fetus in the advanced stage of pregnancy?<\/span><\/h2>\n\n\n\n

It may be medically legal for terminating the pregnancy when its continuation threatens the life of the mother, but not otherwise. MTP up to 24 weeks pregnancy may be legal under MTP Act but certainly not ethical for a physician, except when it threatens the life of the mother. Besides, how is his act of invading the body of a live child with intention to kill, in conformity with BNS 26 which stipulates that a medical act to be legally valid should have been done in good faith, with his consent and for his benefit?<\/p>

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