Preparing for School Disaster Risk Mitigation... Clinical Markers of Tuberculosis in Children. It is not conceivable that the Constituent Assembly took the unborn child to have rights in the law when drafting the Constitution.
The lower court held that it did not have the jurisdiction to grant the relief sought by her, because the gestation period had gone beyond the 20 weeks’ limit stipulated under the Medical Termination of Pregnancy Act, 1971 (hereinafter ‘MTP Act’). However, this debate is entirely absent in India, even in recent times. In the next part of the article, we look at the law on the right to life of the unborn child in various jurisdictions and try to understand whether the Indian Constitution permits the right to life of the unborn child to be read into Article 21’s guarantee of a right to life to every person. The question was asked several times of it. It also held that the word “person” in the Fourteenth Amendment does not include the unborn child. To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." As a matter of fact, by repeatedly stating that a pregnant woman’s right to choose abortion ‘heavily outweighed’ the right of a foetus, it further reinforced that a foetus has the right to life.

It merely summarised the decisions of the Commission as well as its own and noted that the unborn child is not directly protected by Article 2.

[2] The provisions of the Medical Termination of Pregnancy Act, 1971 were taken as the “procedure established by law” that would impose reasonable restrictions on the exercise of reproductive choice by the pregnant woman. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. However, the existence of these laws does not imply that a foetus has a fundamental right to be born, or has fundamental rights at all. Nupur Raut is an advocate, currently practicing in Mumbai. [1] The facts of the case were as follows: S first approached a lower court (Special Judge, POCSO Act Cases) seeking an order allowing her to medically terminate her pregnancy as the said pregnancy was a result of an act of penetrative sexual assault committed upon her.

This law is misused many times by people i.e. [6] http://www.cirp.org/library/ethics/UN-declaration/. This may be because India is a Hindu majority and most people do not consider themselves forbidden by religion from aborting. The notion that human life begins from conception is prevalent in some forms of Christianity. International instruments are largely silent on the question of the right to life of the unborn child. The initial onus of responsibility is solely on registered medical practitioners and main culprits in society that is people involved in “illegal abortions” be it parents, their relatives ,rapists, law makers and others are unaccounted for. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. Even if one attempts to read the right to life of the foetus into Article 21 on the pretext that the pro-life/pro-choice debate has now arisen in India, they must first deal with this question: can the foetus even be considered a person in the eyes of the law?

From this perspective, the High Court was most certainly wrong in reading the debate into the Indian Constitution by holding that the unborn child has a right to life under Article 21. The laws under Common law need to be reviewed to recognize the existence of other scenarios where fundamental rights such as Right to Life are not being protected by law per se and other interpretations of it. Clearly, recognising the right to life of the unborn child causes significant problems to the rights of others in these circumstances. The UK too follows a suit similar to India where even though they recognize that the state owes a duty to the unborn, what duties are owned and how will they be carried out is far too ambiguous, which is inherently problematic. In a medical test ordered by the Single Judge, the Medical Board found that although the foetus was 25 weeks old, there was no serious threat to the life of S if the pregnancy was terminated medically. National Center for Biotechnology Information, Unable to load your collection due to an error, Unable to load your delegates due to an error. S did not participate in the writ appeal proceedings. If, however, there is no consensus, the margin of appreciation to each State is wider. It, therefore, seems inappropriate to recognise the right to life of the unborn child in any circumstance, lest it be applied to a situation where a pregnant woman wants to undergo an abortion. Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. However, it has been neatly sidestepped by the erstwhile European Commission of Human Rights, and its successor in dealing with individual applications, the European Court of Human Rights, on various occasions. [8] X v. United Kingdom, Appl.

[3]  This is also referred to in the preamble to the Convention on the Rights of the Child. 1, 16 October 1981.

to be parent in our male dominated or favored society. [1] S (name withheld) v. The State of Rajasthan & Ors. In this article, we look at the decisions themselves, along with the law in other jurisdictions, to understand whether such a right ought to be recognised under Article 21. Also, the act specifies the reasons upon which abortions can be carried out and on whom.

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