Abortion as a Human rights concern: Where do India and USA stand?

Sibal, Aayushi and Mendhekar, Rutvee (2023) Abortion as a Human rights concern: Where do India and USA stand? Indian Journal of Integrated Research in Law, 3 (3). pp. 14-26. ISSN 2583-0538

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Abortion refers to the removal or expulsion of a foetus, or an embryo, which results in the termination of a pregnancy. The WHO has declared it as a common health intervention, which can be safely carried out when done by a qualified individual, according to a procedure recommended by the WHO. This paper explores the links between abortion and claims for human rights, looking at the facets of abortion and essentially looking at abortion itself as a human rights concern. Abortion as a legally protected right is intertwined with a woman’s bodily autonomy, reproductive freedom, and by extension access to safe healthcare and social justice. All these rights are often hung in the balance against the unborn foetus’ right to life. Drawing upon these considerations, paper further looks into the much-debated stance of the United States of America, and then the stance of our country of origin i.e. India, on abortion, and essentially explore possible answers to the question :- ‘Should human rights be considered as inherent or as recognised by the law of the State’ The Indian legislation at present addresses abortion at a centralized level with the Medical Termination of Pregnancy Act, 1971. It protects abortion, but as a limited right rather than an absolute right. Meanwhile in the USA, the recent overturn of Roe v. Wade has left no centralized stance, and has left each State to decide for itself, with most states banning it, others heavily regulating it, and very few upholding it. This topic is of relevance as at a time when the world is making greater strides than ever before in achieving gender equality, regressive abortion laws can set our progress decades behind

Item Type: Article
Keywords: Human Rights | Abortion | Medical Termination of Pregnancy Act
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 18 Nov 2023 20:12
Last Modified: 18 Nov 2023 20:12
Official URL: https://ijirl.com/wp-content/uploads/2023/05/ABORT...
URI: https://pure.jgu.edu.in/id/eprint/6922


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