Her body, Her choice

Himani Mishra, Faculty of Law, University of Delhi

ABSTRACT

The Constitution of our country provides for fundamental rights to every citizen of our country. Article 21 of our constitution provides for ‘Right to life’ which is a fundamental right provided in our Constitution of the India. The judiciary in various judgments widened the scope of this article. Right to privacy was held as an integral part in K.S. Puttaswamy judgement.1 Right to abortion is a species of right to privacy. also includes the right to abortion. The article highlights the issues faced by a woman in excersing their fundamental right provided under Article 21- “Right to life”. The Right to abortion is not only a fundamental right but also a Human right. Medical Termination of Pregnancy Act, 1971, was formed to protect female’s health. Even after so many years of its formation and various amendments, women are still being denied their right to terminate a pregnancy. The Act allows’ abortion only on exceptional conditions’ rather than being’ denying abortion only on exceptional conditions.’ The women have then no other option but to resort to unsafe abortion. The article discusses the changes which are needed in the act. Despite so many years of gaining independence, the women in India are not free to make decisions about their bodies. Margaret Sanger has rightly said: ‘No woman can call herself free when she does not own and control her body’