THE TERMINATION OF PREGNANCY: THE RIGHT TO CHOOSE OR THE RIGHT TO LIFE?

Authors

  • Shefali Fernande 2nd Year BBA LLB Student, Bangalore Christ deemed to be University Author

Keywords:

Abortion, Termination of Pregnancy, Unborn Child

Abstract

Abortion or the termination of pregnancy has stirred quite a controversy for decades and has been treated as a very delicate topic as it involves the question of taking an innocent life. This research is a critical analysis concentrating on a very grave issue of aborting a life and whether the right to choose of the mother as a woman is to be respected or to protect the life of an unborn child and other related topics to this act. Whose right is to be given importance in such a scenario? The mother or the child? It is often questioned by people whether the act is morally right? Institutions like the church regards this as something that is morally wrong and terms this act as a murder and takes a stand as it is wrong to murder a person and also that the unborn is a person hence it is wrong to murder an unborn .The question of whether the unborn is a person or not is also addressed in this research. People all over the world have divergent and contrasting opinions some supporting the termination of pregnancy as they believe that the mothers right as a human being gets violated. There are different ways that abortion can be performed: surgically or medicinally. The 1973 Supreme Court landmark judgement kenned as Roe vs. Wade marked a paramount turning point in abortion and this was a turning point in history. This decision made it licit to have abortions. Different states have sundry laws on abortion. In this research, norms and, practices performed abroad and in India, the medical termination of pregnancy act has been covered. The termination of pregnancy is a decision which is made after reflecting on law, religious customs, morality, traditions, social norms etc. This research addresses the evolution of the idea of the right to choose which should be available to women. When it comes into question about women in countries like India there are plenty of limitations to this. In societies like ours, where there is absence of access to abortion services, provision of basic health care, and decent life options for their children, 'choice' is a very narrow concept .In a country like ours the choice to be a mother is equallyimportant to the choice of abortion or not, especially in a society where there is more preference given to a male child and selective abortion of a female child. Today people still have very conflicting opinions on this matter. This research covers all these issues and attempts to answer the questions posed above. Abortion perpetuates to be debated for years together as people have not come to a conclusion as of yet.

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Published

09-06-2018

How to Cite

THE TERMINATION OF PREGNANCY: THE RIGHT TO CHOOSE OR THE RIGHT TO LIFE?. (2018). Commonwealth Law Review Journal, 4, 191-200. https://journal.thelawbrigade.com/clrj/article/view/327

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