Abortion Laws From The Perspective Of Women's Rights

Shruti Shukla, Bennett University

ABSTRACT

An analysis of abortion laws from the standpoint of women's rights is provided in this research paper. The legal frameworks governing abortion in various nations are examined, along with their historical development and present state. The paper also looks at how abortion laws affect women's rights and reproductive health, along with their social and economic impacts. It concentrates on how laws related to abortion can affect women's equality, autonomy, and dignity. The subject of abortion has recently caused a lot of controversy and debate due to its controversial verdicts issued in the United States and India. These laws have restricted women’s access to safe abortion and healthcare. This research paper aims to analyze the present situation of abortion laws in India and the United States and how they frequently infringe on women's rights. Abortion is considered an offence that can impose criminal penalties under India’s substantive law, criminal law, and special laws related to abortion. This paper seeks to highlight the issues in the Special laws that talk about abortion guidelines such as MTP Act along with the challenges faced in its enforcement. It further seeks to study the reasons for failure in the execution of laws at the grassroot level. The few crucial topics on which this paper will focus are the consent given by women at the time of abortion, notably in cases of minors and women with mental health issues. It is a woman’s right to make decisions about her own body and future. Abortion laws must respect and make rules based on their rights. Laws that prohibit legal abortion not only cause harm to women in general but also take away their fundamental rights and dignity. It is the need of the hour to conduct respectful debates on the topic of abortion and access to health of the women. The paper will also focus on the latest judgment of the Supreme Court related to the MTP Act 2021. The paper concludes by arguing that women's rights offer an essential foundation for changing abortion laws in ways that support gender equity and human flourishing.