CRIMINALIZATION OF ABORTION

Authors

  • Priya Modi 3rd Year BALLB Student, Institute of Law, Nirma University Author

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Abstract

This paper discusses about abortion and its criminalization. From centuries, there have been debates on the issue of abortion. This paper critically outlaws the idea of abortion from all legal aspects. Under the whole socio-economic and legal paradigms, abortion is the most complication subject matter. Both legal and socio-economic perceptions differ variably causing a gap in what is presumed by the people and what is presumed by the law. This paper looks at abortion as a crime and backs its arguments on the basis of sex-selective abortion, rights of the fetus, jurisprudential, socio-economic and constitutional factors, difference between harm to the mothers’ reproductive health and harm as to death, the mental agony faced by the mother and why the practice of the same must be punishable. Finally, this paper mentions adoption as an alternative to abortion. However, it must be noted that under no circumstances does this paper promote absolute criminalization of abortion, it has not undermined factors such as rape or incest or the mental and physical condition of the mother. These however would fall under a separate category. This paper largely focuses on abortion of those healthy fetuses that have been deprived of life. 

Published

14-08-2017

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How to Cite

Priya Modi. “CRIMINALIZATION OF ABORTION ”. Journal of Legal Studies & Research, vol. 3, no. 4, Aug. 2017, pp. 221-33, https://journal.thelawbrigade.com/jlsr/article/view/1998.