RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS

AUTHOR – ANUPRIYA SRIVASTAVA, ALUMNI FROM AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – ANUPRIYA SRIVASTAVA, RIGHTS OF THE UNBORN CHILD IN INDIA: LEGAL PROTECTIONS AND ETHICAL CONSIDERATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 129-132, APIS – 3920 – 0001 & ISSN – 2583-2344.

AUTHOR

The legal status of an unborn child has been a subject of debate across cultures, religions, and legal systems. In India, the question of the unborn child’s rights is complex and multifaceted, particularly because it intersects with issues of personal autonomy, medical ethics, and societal values. While Indian law does not recognize an unborn child as a full legal person, it does grant certain rights and protections, albeit in a limited context. The legal framework that governs the rights of an unborn child in India is found in statutes, judicial decisions, and constitutional principles, reflecting a delicate balance between safeguarding fetal interests and respecting the autonomy and rights of the mother. This article aims to provide a detailed analysis of the rights accorded to the unborn child in India, examining property and inheritance laws, criminal law, and medical jurisprudence. Additionally, it explores the ethical dimensions surrounding these rights, particularly in light of the advances in medical technology and reproductive rights.