Ethical Dilemmas In Abortion - Navigating Conflicting Rights And Moral Consideration
- IJLLR Journal
- Jun 2
- 2 min read
Avadhi Jain, Gujarat National Law University, Gandhinagar
Kaanksha Shah, Gujarat National Law University, Gandhinagar
INTRODUCTION
Simone de Beauvoir, the eminent French feminist, writer, and philosopher, articulated, "I am too intelligent, too demanding, and too resourceful for anyone to be able to take charge of me entirely. No one knows me or loves me completely. I have only myself.”In the context of reproductive rights, particularly abortion, de Beauvoir's sentiments resonate with the fundamental principle of bodily autonomy. The concept of abortion is intrinsically intertwined with women's autonomy over their bodies, an essential component of their Fundamental Rights guaranteed under Article 21, Right to Life. This constitutional provision safeguards the right to life and personal liberty, mandating that no individual shall be deprived thereof except by due process of law. Recognizing the complexities of reproductive choices, the legal landscape surrounding abortion seeks to balance individual autonomy with public health concerns and ethical considerations.
Abortion, as defined by Ralph Benson in the “Handbook of Obstetrics and Gynecology,” refers to the termination of pregnancy before the fetus is viable. In India, abortion is regulated by the Medical Termination of Pregnancy (MTP) Act of 1971, which defines it as the medical termination of a pregnancy with the intention to end the gestation period of the fetus.
This paper aims to compare and analyze the abortion laws and legal interpretations of India, the USA, and France amid ongoing debates worldwide. In India, abortion laws have evolved significantly over time. The Medical Termination of Pregnancy (MTP) Act of 1971 legalized abortion under specific conditions, including risks to the mother's life or health, fetal abnormalities, and pregnancies resulting from rape. In 2020, the Indian Parliament amended the MTP Act, extending the permissible gestation period for abortion from 20 to 24 weeks in certain cases.
