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Rights And Protection Guaranteed To An Unborn Child And Women For Abortion: A Critical Study




Kumar Mayank, LLM, Law School ICFAI, The ICFAI University, Dehradun

Dr. Aashish Kumar Singhal, Associate professor, ICFAI University, Dehradun

ABSTRACT

In a laymen language, “Unborn child” is a term used for a child who is not born or a child who is in the mother’s womb. In this contemporary world, the issues regarding the right of an unborn child as well as their protection of at peak. At the meantime, the question arises is that, whether the unborn child have its rights and secondly, how the legislation or judiciary are acting by providing rights and protection to unborn child. Thirdly, whether the unborn child can be considered as a person in the eye of law.

This Article will specifically talk about the rights granted to unborn child in India as well as Internationally. We will also critically analyze the right protection provided under several statute in India (for ex.- Constitution of India; Transfer of property Act; Hindu Succession Act; IPC,1860; CPC; etc.) as well as international treaties which protects the rights of unborn child (for ex.- UDHR; ICCPR; convention on the Rights of child). In this Article we will also see the various judgement across the globe. In this article we will also critically analyze the law related to unborn child of different Nations.

Keywords: Unborn child; Abortion; Right of women; UDHR; ICCPR; Statutory laws; legislation and judiciary.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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