UNBORN RIGHT TO LIFE VIS-A-VIS WOMEN RIGHT TO ABORTION: LEGAL REFLECTION
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Abstract
Almighty has created this brahmand (universe) for the people to live. One taking birth in this world possesses an inherent right to live his life with dignity. It is a universal truth and almost every nation has entrenched rights for their citizens which are fundamental for their survival. It is right in rem i.e. a right against the whole world. Even the Bible348 teaches that human life is different from other types of life, because human beings are made in the very image of God:
"God created man in his image; in the divine image he created him; male and female he created them("Genesis 1:27).
Judicial observations are also not far from acknowledging this right to life. J. Field in the case of Munn v. Illionis observed:
“By the term life......it meant something more than the animal existence.......The deprivation not only of life but of whatever God has given to everyone with life or its growth and enjoyment is prohibited...”
However, the right to life of an unborn child is somehow paradoxical. The variance between the mother’s rights to a healthy life and the unborn child’s right to take birth has shoved the author to put in writing this editorial stating the relation between the right to life and the right to abortion from the point of view of a mother. The article is based on the doctrinal research, wherein the opinions of eminent jurists/authors, the observations of the higher authorities and the writings in various statutes are being clubbed together.
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