Rashi Sunder & Bhavyya Sharma, School of Law, Lovely Professional University
ABSTRACT
“If men could get pregnant, abortion would be a sacrament”
- Florynce R. Kennedy
This research paper lays down a thorough analysis of women’s right to abortion as well as the contrasting views of the society and the law. Termination of pregnancy till date has been perhaps the most disputable matter in the biomedical field. It is a subject that has been vigorously examined all over the world and holds very different suppositions as far its lawfulness is concerned. In the Indian Penal Code, 1860, Abortion, is expressed as "Causing Miscarriage" and is considered as a punishable offense.
Right to Abortion is a right granted to women by Indian legislation under Medical Termination of Pregnancy Act, 1971. However, it has certain limitations and conditions that must be fulfilled before aborting a child.
Furthermore, it is a legally permissible act but it as not been granted the status of fundamental right. Many consider it unethical and contest that it is the right of a baby to be born. Whenever a child is conceived alive, the child will achieve legal status.
Moreover, the objective of this research paper is to lay insight on the previous laws and amendments in context of women’s rights that have been instituted over the period of time. This research paper focuses on the core moot issues, Firstly, it emphasises on the women’s health and safety before and after conceiving the child. Secondly, whether or not the abortion is women’s right and how it affects the society.
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