top of page

Analysing Article 21 And Law Of Abortion




Kritika Bansal, Law College Dehradun, Uttaranchal University


INTRODUCTION


Abortion is a topic that has been widely explored at both the national and international levels. A worldwide debate has erupted over the subject. No one can agree on whether a pregnant woman has the right to end her pregnancy whenever she wants, or if an unborn child has the right to life.

The right to life encompasses a wide range of issues, and it is the most basic. "No individual shall be deprived of his life and personal liberty unless in accordance with process provided by law," states Article 21 of the Indian Constitution, which recognises the right to life of all Indians. Both sexes are included in the term "person." The right to abortion is one of the most important and basic rights that a woman has, according to some. As a component of the right to privacy, which is derived from the right to life, the right to abortion has been recognised. The right to abortion is governed by a variety of factors, including religious, ethical, moral, and legal ones.


In Dworkin's view, there is no interest shown by a foetus prior to the third trimester.2. Until later in pregnancy, a foetus does not experience pain because its brain has not yet matured adequately. According to experts, an infant's nervous system is ready to sense pain during the twenty sixth week.3.

Doctrinal methods are used in this study. Documentary research includes an examination of existing secondary material obtained from a wide variety of sources, such as books, papers, journals, and websites, and a comparison with the United States' liberal abortion laws and the way they are understood there.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page