ABORTION IS WOMEN’S ABSOLUTE RIGHT, NO ONE CAN TAKE AWAY

Best Citation – Yogisri D G, Abortion Is Women’s Absolute Right, No One Can Take Away, 1 IJLR & 1 (2021)


Abstract

In country like India it is not that much easy to choose abortion as an option during pregnancy period to a woman, because lot of perils cross through. The law on abortion in India is governed primarily by Sections 312-316 of the Indian Penal Code (IPC) and the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971. The methods commonly used for terminating an unwanted pregnancy are extremely unsafe and dangerous to the lives of the woman and may or may not affect the unborn baby too. These are consequence of not having right to freely demand abortion. Safe and legal abortion services must be provided. Abortion cannot be performed on the request of the husband, if the woman herself is not willing. The only discretion of terminating pregnancy to be with the woman because she is only person who knows what she actually undergoes. Still in rural areas women are standing far from decision making in terminating pregnancy or to continue. Almost 56% of abortions in India are under the category of unsafe. Abortion is a key reproductive choice but it is not a right in India. The judiciary has been playing a vital role in securing these rights to women. Each person has a right to bodily sovereignty and human rights instruments protect such rights internationally. That is the law has to take care of liberty of the mother as well as the unborn. analysing various problems regarding abortion, number of amendments needed to be made through legislation.

Keywords: Legal Machinery, Unwanted Pregnancy, Unsafe Abortion, Fundamental right, Privacy, Judiciary, Bodily Sovereignty, Decision making.