The women's supposed superiority in his matter is jurisprudentially explained in terms of the "necessity" of the situation coupled with her right to self-defence.To save the life or the health of the women, on a balance of probabilities, the lesser evil is looked upon as the limitation of the foetus to that of the mother.Natural abortions is a very common phenomena and may occur due to many reasons, such as bad health, defect in generative organs of the mother, shocks, fear, joy, etc.
In this case the continuation of the existence of the foetus is looked upon as dangerous to the life of the mother.The balancing of one life against another life in such circumstances may be understood by some stretch of reasoning.That human life begins at the moment of conception is a religious tenet that makes no claim whatsoever to scientific truth.Each of these two views standing at the extremes, creating a dilemma for the lawmakers.Abortion, a subject often discussed in medico-legal circles, interims various streams of thoughts and multiple discipline, like theology, because most religions have something to say in the matter, ethics, because human conduct and its moral evaluation are the basic issues involved; medicine (in several of its sub-disciplines), because, interference with the body for a curative or supposedly curative issue is at focus; and law, because regulation of human conduct by sanctions enforced by the state through the process of law ultimately become the central theme for discussion.
Abortion may be classified into various categories depending upon the nature and circumstances under which it occurs.If one were to go by the first view that life begins at the moment of conception then interference with the foetus at any stage of its foetal existence could be seen as unethical unless one could take the stand that the rules of the ethics do not recognize a right to life."Even the unborn child is entitled to protection by the law from the moment of its conception" .The difficulty arises on the issue of balancing of one person' health against another person's life. Life and health do not get equated on a common platform.The fact that the women's health would be endangered if the pregnancy is carried to the full term was not (until fairly, recently) recognized as a justification for abortion.As per Section 81 of Indian Penal Code an act which would otherwise be a crime may in some cases be excused if the person accused can show that it was done only in order to avoid consequences which could not be otherwise be awarded and which if they had allowed, would have inflicted upon him or upon others whom he was bound to protect inevitable and irreparable evil, that no more was done than was reasonably necessary for that purpose, and that the evil inflicted by it was not disproportionate to the evil avoided.