Abortion And Rights Of Husband: A Critical Conundrum

Dr. Debasree Debnath, National Law University, Tripura

ABSTRACT

The right of abortion and parental rights are prima facie jointly inconsistent with each other; the conundrum posed is particularly in relation with the moral, ethical and legal rights of men and women. The obligation of biological father is discussed many times to support their offspring; but there is little discussion on the abortion debate while considering the rights of father. Both men and women have equal rights and duties with respect to the foetus, although it is a matter of sensitivity as to what constitutes the ‘equal requirement.’ Given this context, the objective of the paper is to critically examine the rights of father in the decision to abort the foetus. The researcher also discusses the shortcomings and inadequacies of the laws relating to abortion in India in relation with the consent of father and suggests adequate remedies to bridge a balance between the rights of both father and mother. Further, the researcher critically analyses the shastras to have a closer look of Indian society about the rights and duties of ‘father’ and ‘mother.’ Lastly, the researcher also analyses significant judicial pronouncements about the implementation framework of abortion laws in India.

Keywords: Abortion, Consent of Father, Collateral Damage, Equality.