Right To Abortion Vis-À-Vis Right Of Unborn Foetus
- IJLLR Journal
- 1 day ago
- 1 min read
Dr. Omlata Raj, Guest Faculty, University of Allahabad, Lucknow
ABSTRACT
The right to life is the basic human right and the absence of this right renders all other rights useless, worthless, and meaningless. When one is deprived of the right to life is also automatically deprived of all other human rights. These rights are available to all human beings, the issue here is whether human embryos and foetuses also qualify for this right. The right to abortion is the other controversial subject involving this fundamental freedom. Therefore, the abortion debate is like two sides of the same coin. One side focuses on the independence, choice, dignity, and privacy of women. The other focuses on the unborn child's right to life and liberty. Both sides are justified in their own ways. In recent scenarios this issue is a much-debated issue whether a human foetus has a right to life, and, if so, whether the rights of the mother ever override the foetus’s right. Hence, there is a need to resolve the conflict between the two i.e., a pregnant woman’s personal liberty and right to destroy the foetus in her womb under any circumstances at any time. The other being the claim of the state to protect the right to life of the unborn based on the growth of scientific knowledge and recognition of the foetus as a living person within the womb. In this Chapter, we will study the legal provisions which affect the right of a woman to abort the child and the right of an unborn child to birth.
