Understanding of Right to Abortion Under Indian Constitution
TABLE OF CONTENTS
1 .CHAPTER I
1.1INTRODUCTION
1.2 RESEARCH OBJECTIVE
2. CHAPTER II ABORTION LAWS IN INDIA
2.1: PROVISIONS UNDER IPC1860
2.2: PROVISIONS UNDER MTP ACT 1971
3. CHAPTER IIIABORTION LAWS IN USA
3.1: ROE V. WADE CASE 3.2: PLANNED PARENTHOOD SOUTHEASTERN PENNSYLVANIA V. CASEY
3.3UNDERSTANDING OF ABORTION RIGHT IN USA 3.4 UNDERSTANDING OF ABORTION RIGHT IN INDIA
4. CHAPTER: IV
CONCLUSION AND SUGGESTIONS
CHAPTER I
1.1INTRODUCTION
Abortion is one of the subjects that have been discussed extensively in both national and international level. It has become a controversial issue all over the world. Everybody is in dilemma whether a mother has a right to terminate her pregnancy at any time she wishes or an unborn child has a right to life.
The right to life is a very broad concept and is the most fundamental of all. In India, right to life has been recognized under Article 21 of the Constitution which says that “No person shall be deprived of his life and personal liberty except according to procedure established by law”. Person here includes both man and woman. Among various rights which are available to a woman, the right to abortion is also believed to be one of the most essential and fundamental right. Right to abortion has been recognized under right to privacy which is a part of right to personal liberty and which emanates from right to life. But the question always arises whether an unborn child should be considered as a human being and be given the status of a person or not. There are various aspects such as religious, ethics, moral and legal values that rule over the aspect of right to abortion. Abortion is severely condemned in all religions. But in spite of that always the question arises whether the mother has a right to abortion or the child has a right to life. Ronald Dworkin has made a detailed study on the issue of abortion. He did not accept
1 .CHAPTER I
1.1INTRODUCTION
1.2 RESEARCH OBJECTIVE
2. CHAPTER II ABORTION LAWS IN INDIA
2.1: PROVISIONS UNDER IPC1860
2.2: PROVISIONS UNDER MTP ACT 1971
3. CHAPTER IIIABORTION LAWS IN USA
3.1: ROE V. WADE CASE 3.2: PLANNED PARENTHOOD SOUTHEASTERN PENNSYLVANIA V. CASEY
3.3UNDERSTANDING OF ABORTION RIGHT IN USA 3.4 UNDERSTANDING OF ABORTION RIGHT IN INDIA
4. CHAPTER: IV
CONCLUSION AND SUGGESTIONS
CHAPTER I
1.1INTRODUCTION
Abortion is one of the subjects that have been discussed extensively in both national and international level. It has become a controversial issue all over the world. Everybody is in dilemma whether a mother has a right to terminate her pregnancy at any time she wishes or an unborn child has a right to life.
The right to life is a very broad concept and is the most fundamental of all. In India, right to life has been recognized under Article 21 of the Constitution which says that “No person shall be deprived of his life and personal liberty except according to procedure established by law”. Person here includes both man and woman. Among various rights which are available to a woman, the right to abortion is also believed to be one of the most essential and fundamental right. Right to abortion has been recognized under right to privacy which is a part of right to personal liberty and which emanates from right to life. But the question always arises whether an unborn child should be considered as a human being and be given the status of a person or not. There are various aspects such as religious, ethics, moral and legal values that rule over the aspect of right to abortion. Abortion is severely condemned in all religions. But in spite of that always the question arises whether the mother has a right to abortion or the child has a right to life. Ronald Dworkin has made a detailed study on the issue of abortion. He did not accept
Bibliography: 1. Dworkin, Ronald. Freedom’s Law: The moral reading of the American constitution. 90 (Oxford University Press ed., 1999) 2 [ 2 ]. Roe V. Wade 410US 113(1973) [ 3 ] [ 6 ]. Ronald Dworkin, Freedom’s Law: The moral reading of the American constitution, 90 (Oxford University Press ed., 1999 [ 7 ] [ 17 ]. (1992) 120 L.Ed 2d 67 [ 18 ] [ 19 ]. (1992) 120 L.Ed 2d 6, para 5 [ 20 ]