RIGHT OVER THE WOMB v. RIGHT OF UNBORN CHILD: A COMPARATIVE STUDY OF ABORTION LAWS IN INDIA AND U.S.A
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Abstract
The ability of women to bear new life places her in both advantageous and disadvantageous position. A woman’s womb has been a centre of great debate in the background of reproductive rights. The issue of abortion is one of the most controversial reproductive rights. The issue turns to whether women have the right to terminate a pregnancy. There are many legal restrictions imposed on abortion. Evidence demonstrates that these restrictions do not reduce the number of induced abortions in practice; rather they contribute to higher rates of unsafe abortion. Roughly 13% of all maternal deaths worldwide are because of unsafe abortion. There are two terms associated with abortion-- pro-choice and pro-life. On the one hand, pro-choice campaigners contend that abortion falls within a person’s constitutional right to privacy, deeming that choice to terminate an unborn child lies with the mother of the child and her doctor. Conversely, pro-life campaigners contend that a foetus is a living being at the moment of conception that abortion should be criminalized in a view to guard the life of the unborn child.
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