Privacy And Autonomy: The Abortion Debate
- IJLLR Journal
- Nov 10
- 1 min read
Binee Tupalee & Dr. Dev Prabhakar
ABSTRACT
The abortion debate sits at the intersection of fundamental rights, encompassing privacy, bodily autonomy, and state interests. This discourse has evolved significantly under the aegis of constitutional law, criminal law, and human rights jurisprudence worldwide. This study undertakes a critical comparative analysis of how courts and legislatures across prominent jurisdictions reconcile the right to privacy and autonomy with competing interests, particularly the protection of prenatal life and public morality. The paper evaluates the recent legislative reforms and landmark judicial pronouncements from India, the United States, and the European Union, highlighting the dynamic legal contours shaping abortion rights amid shifting socio-political backdrops. Central to the debate is how privacy and autonomy are conceptualized and limited within public law frameworks, especially in criminalizing or decriminalizing abortion. The research underscores the continuing tension between individual freedoms and societal regulation, offering nuanced insights into legal pluralism and human rights protection. This term paper contributes to the ongoing dialogue on balancing constitutional liberties with ethical, cultural, and legal responsibilities in the 21st century.
Keywords: Abortion, Privacy, Bodily Autonomy, Right to Life, Religious and Moral Interests, Comparative Public Law, Criminal Law Reform, Constitutional Rights, Reproductive Justice, New Legislation, Judicial Pronouncements.
