Balance Of Scales: A Mother and An Unborn

Lena Judeson
DOI:

Abstract

The relationship between a mother and an unborn child is a convoluted line. Abortion has garnered an array of opinions due to its conflicting positions in socio-cultural and religious dimensions in society. Article 21: It is a multifaceted right, envisaging various other rights. Article 14 is another such essential guarantee; the dilemma thus here is a peculiar predicament in circumstances where there is a devolution of connection between the two bodies, i.e., where the mother wishes to abort the unborn and the life of the unborn itself. En ventre sa mere is treated as a legal person in India, and therefore, the unborn is provided with a few legal rights. The Medical Termination of Pregnancy Act, 1971 and Medical Termination of Pregnancy (Amendment) Act, 2002. Read along with Medical Termination of Pregnancy Rules. Do the statutes and rules, respectively, deal with the legal termination of pregnancy? Although India may be progressive when compared to other nations on this subject matter, the legislation has faced challenges and impasses that require a decisive segregation and analysis of the rights available to both the mother and the unborn.

Keywords

Abortion, Medical termination, Rights of Unborn, Reproductive freedom, Bodily autonomy