A LIBERETERIAN’S DEBATE ON THE RIGHT TO ABORTION AND RIGHT TO LIFE OF FETUS IN INDIA

Abstract

Right to life is fundamental to all other rights. This right has been recognized by many national and international institutions, including India under Article 21 of the Indian constitution. But have failed to provide protection to the life of a fetus. Judicial pronouncements are also not convincing regarding this matter, as they vary in different jurisdiction. But the important question is does the fetus should also be considered as a human being and given a status of legal personality? Whether the fetus in the mother’s womb is a living human being? Whether life begins only post birth, and the fetus suffers all assaults without any respite in his mother’s womb? If the fetus also enjoys the right to life, then will it affect the right of a pregnant woman to abort? Is the fetus to be recognized as separate entity or a part of its mother? A fundamental concern is whether the right of the unborn child is protected by the Charter of the United Nation? These questions are mystifying the court word wide. The researcher tries to explain that Right to life is the fundamental of all other rights, but at the same time the same is not absolute as the state can interfere. The woman’s health is part of that concern as is the life of the fetus after quickening.