Abortion Jurisprudence in India: Is it the woman’s choice at all?
By: Singh, Nivedita and Tiwari, Indra Daman
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BookPublisher: IIPA Digest Description: 5(1), Jan-Mar, 2023: p.44-47.Subject(s): Ancient Indian legal systems, Modern Indian legal systems
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IIPA DigestSummary: This paper aims to present a comparative analysis of ancient Indian legal systems and modern Indian legal systems’ perspectives on the right to an abortion. Abortion is the simple phrase for ending a pregnancy at any point when the embryo is unable to sustain itself outside the mother’s womb. It is a delicate subject that has long been the focus of discussion. The pro-life and pro-choice sides of the argument can be separated into two categories. The perspective on abortion in India can be found in literature from the Rigveda and Manusmriti school of ancient Indian law. Although produced by academics with expertise in law, these ancient Indian books were not legislative enactments. The Medical Termination of Pregnancy Act of 1971 (MTP Act), which liberalised the legal framework for abortion, was further strengthened by Article 21 of the Constitution of India, 1950, which added further protections for the right to abortion. Abortion rights involve moral and theological considerations as well as questions of life and death, right and wrong, and sexual morality.- Reproduced
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Articles
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Indian Institute of Public Administration | 5(1), Jan-Mar, 2023: p.44-47 | Available | AR129802 |
This paper aims to present a comparative analysis of ancient Indian legal systems and modern Indian legal systems’ perspectives on the right to an abortion. Abortion is the simple phrase for ending a pregnancy at any point when the embryo is unable to sustain itself outside the mother’s womb. It is a delicate subject that has long been the focus of discussion. The pro-life and pro-choice sides of the argument can be separated into two categories. The perspective on abortion in India can be found in literature from the Rigveda and Manusmriti school of ancient Indian law. Although produced by academics with expertise in law, these ancient Indian books were not legislative enactments. The Medical Termination of Pregnancy Act of 1971 (MTP Act), which liberalised the legal framework for abortion, was further strengthened by Article 21 of the Constitution of India, 1950, which added further protections for the right to abortion. Abortion rights involve moral and theological considerations as well as questions of life and death, right and wrong, and sexual morality.- Reproduced
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