Author: Shivendra Nath Mishra, Student at Chanakya National Law University, Patna
Co-Author: Ayush Pandey, Student at Babu Banarasi Das University, Lucknow
ABSTRACT
Abortion continues to be one of the most contentious issues in the field of biological ethics, and this is likely to continue. It is a question that has been widely debated all over the globe, and there are wildly diverse views on whether it is lawful or illegal in various jurisdictions. There is some debate over whether this issue is covered by the Indian Constitution or if it has failed to satisfy the requirements to be recognised as a basic right in the country. It is about a ‘lady who intentionally causes herself to miscarry.’ Among the numerous other rights that women have been awarded in India, the Right to Abortion must be accorded the same importance as the Right to Conceive and Carry a Child. Article 21 of the Indian Constitution clearly recognises the right to abortion, as well as the right to live with dignity and make free choices, so long as such decisions do not interfere with the present legal process. Article 21 of the Indian Constitution provides that every individual inside the national territory of the Indian nation is given the right to life and the right to personal liberty, save in cases when the process established by law requires otherwise. In the event of abortion, the woman has the same rights to life and the same ability to make her own decisions about what she wants to do with her body that any other citizen of India has.Abortion must be made lawful under the Indian Constitution for these particular categories in order to be acceptable.
Keywords: Abortion, Pregnant, Women Rights, Fundamental Rights.
