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Paper short abstract:

The Medical Termination of Pregnancy Act, 1971 of India gives authority to parents/guardian to consent for abortion of people below 18 years. The law is not formed in silos influenced by social phenomenon. The question is towards social structure that doesn't beleive in the autonomy of adolescents.

Paper long abstract:

Like many parts of the world, Indian laws are formed based on the majoritarian views that fails to consider rights of people expected to benefit from those legislations. Similarly, Medical Termination of Pregnancy Act, 1971 was formed to prevent maternal deaths but there are evidences indicating formation of law for the purpose of population control. However, the beneficiary are women that excludes transgender and queer people but also doesn't give right to people below 18 years in their adolescence to decide if they want to discontinue the pregnancy. The decision makers are medical practitioners. These discriminatroy provisions are derived from the understanding that every person below 18 years is a 'child' who cannot comprehend their benefits. This category of people are highly vulnerable with their sexuality controlled and compromised due to social stigma. This causes access to resources only through peers and internet since no medical practitioner would be willing to guide an adolescent towards use of contraception where young people below 18 years in consensual sexual relationship may face detrimental effect. If there is no access to safe abortion, they will be forced to continue unwanted pregnancy or use unsafe measures to have abortion.

In the above mentioned brief it is the life of people below 18 years that comes at stake where if an unwanted pregnancy is continued it is likely to make their life more miserable without social security benefits especially if looked at the people at margins and unsafe abortion is a threeat to their life.