1Teerthanker Mahaveer Institute of Management and Technology, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India, Email Id- battarsourabh@gmail.com
Online Published on 18 January, 2022.
Abortion has remained among the most contentious issues in biological ethics to this day. It's a topic that's been hotly debated all over the globe, and there are a lot of different perspectives on whether or not it's legal. The question is whether this issue is covered by the Constitution of India or if it has failed to satisfy the requirements for recognition as a basic right. Abortion, which is defined as "causing miscarriage " under the Indian Penal Code of 1860, is a punishable offense. It refers to a 'woman that induces her own miscarriage.' Among the numerous rights provided to women in India, the right to an abortion must be accorded identical values as the right to conceive naturally and become pregnant. The Access to Abortion, like the Right to Live in Dignity and Make Free Choices, comes within the scope of Article 21 of the Indian Constitution, unless it interferes with the present legal process. Except as provided by law, every individual inside the Indian nation's national territory is guaranteed the right to life and personal liberty, according to Article 21 of the Indian Constitution. In the event of abortion, the woman has the same right to life as any other Indian citizen and is free to choose what she wants to do with her body. Furthermore, a fetus isn't a real human person, according to a widely held scientific view. It has the potential to be a human person, yet it isn't one. The primary target populations in this field are women such as uninformed adolescents, sex workers, women bearing abnormally shaped infants, and women whose contraceptive techniques went awry. For these particular categories, abortion must be allowed by the Indian Constitution. This article attempts to investigate the many reasons why abortion should be legalized in India, as well as a comparative examination of abortion legislation in other nations. The goal is to demonstrate that Article 21 of the Indian Constitution protects the right to abortion. Abortion has been examined from the perspective of human rights.
Abortion, Article 21, Indian Constitution, Right to Abortion, Right to Life
