Law on Abortion in India Issues of Validity and Extent

Authors

  • Shreyansh LL.M. Department of Law, M.D. University, Rohtak

Keywords:

Human, Rights

Abstract

Human Rights are those rights that should be accessible to every person, without regard to race, religion, or national origin, without exception. Recognizing all members of the human family as having inherent dignity as well as equal and inalienable rights serves as the cornerstone of freedom. The right to life is the most crucial right that every human being may possess. The right to life is considered to be the most crucial of all human rights and no exceptions are authorised. It cannot be taken away. The arbitrary denial of life is prohibited under “Article 6(1) of the International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights). However, there are several concerns that are contentious in relation to this highest right. One such topic is the subject of the individual's right to choose abortion. It is considered that every mother has the right to an abortion, and that this is a universal right, among other rights for women. The rights of the mother, on the other hand, must be weighed against the rights of the unborn.

References

Reddy G.B, Role of Judiciary in protection of Human Rights Of Women, AIR 1999 Journal 148

Joshi K.C, Universalisation of Human Rights Of Women, AIR 2001 Journal 59

Starmer Keir, Human Rights Digest

Shoits Edwin & Than De Clari, Civil Liberties- Legal principles of Individual Freedom, Sweet & Maxwell Publications

Emmerson Ben & Ashworth Andrew, Human Rights and Criminal Justice, Sweet & Maxwell Pulications, 2001, Pg 18-30-34

Department of Social Affairs, Population Division, United Nations (UN), World Population Prospects: The 2012 Revision, Volume II: Demographic Profiles, New York: UN, 2012.

Government of India, The Medical Termination of Pregnancy Act, No. 34, 1971.

Johnston H, Abortion Practice in India: A Review of Literature, Mumbai: Centre for Enquiry into Health and Allied Themes (CEHAT), 2002.

World Health Organization. Safe abortion: technical and policy guidance for health systems. 2nd. Geneva: WHO; 2012. p. 98.

Harrington J. “Time as dimension of medical law” Medical Law Review. 2012;20:491–515. pp.

Fergusson A., Furedi A. “Abortion and disability: The law and ethics of post-viability abortion” Pro-Choice Forum. 1997

Government of India, The Medical Termination of Pregnancy Act, No. 34, 1971.

Johnston H, Abortion Practice in India: A Review of Literature, Mumbai: Centre for Enquiry into Health and Allied Themes (CEHAT), 2002.

Hirve S, Abortion Policy in India: Lacunae and Future Challenges, Mumbai: CEHAT, 2004

Downloads

Published

2018-06-30

How to Cite

Shreyansh. (2018). Law on Abortion in India Issues of Validity and Extent. Universal Research Reports, 5(5), 257–263. Retrieved from https://urr.shodhsagar.com/index.php/j/article/view/822

Issue

Section

Original Research Article