HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Monday, August 10, 2020

Legacy and Legality of Abortions in India and USA

Garima Tripathi (Amity University), Legacy and Legality of Abortions in India and USA, SSRN:

Abortion is one issue that has been debated expansively in both national and international level. It has become a contentious issue round the globe. Every Tom, Dick, and Harry is in a predicament whether a mother has the solitary right to choose if or not to have her pregnancy terminated at any time she wishes or whether a child that is yet to see the world, has a right to life or not. Right to life is a very broad and a rather fundamental concept out of everything else. In India, Right to Life is well recognized and secure under Article 21 of the Constitution to all persons which include men as well as women. But the main issue that always takes the lead is whether an unborn child should be considered as a “person” and thus be eligible for protection under this article. There are several aspects such as religious, ethical, moral and legal values that rule against the right to abortion. Termination of pregnancy is considered as a sin under almost all religions all over the world. But, regardless of this, this is an on-going debate and tussle between the woman and the fetus. Due to all the tumult surrounding the question of abortion, it has turned out to be undeniably serious at this stage to look at the expansion of abortion law and policies in the West, particularly the United States, and to scale where India stands at this instant and, if at all, India should take inspiration by their western counterpoint or should it practice caution from the advances therein to supplement their own welfare in striking the seamless stability amongst liberty, self-sufficiency and freedom of the individual on the one hand and the State’s right to hinder on the other.

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