The Status of an Unborn Child & Women Reproductive Rights in India

Authors

DOI:

https://doi.org/10.31305/rrijm.2023.v08.n08.013

Keywords:

person, reproductive rights, fetus, abortion, women

Abstract

This paper reflects the concept of status of an unborn child and the reproductive rights of the women in India. This debate has been the very subject matter of discussion at both National level and international level. The pivotal issues that raise for concern is whether the unborn child can be given the status of a human being from its very origin and bestowed the status of a person or not. Apart from this, the role of medical termination of Pregnancy Act, 1971 in monitoring various rights of a mother and the unborn child. There are many issues which have been highlighted. Notwithstanding these discrepancies, the Judiciary has made paramount steps in India regarding the reproductive rights of women. Each nation, however, has its limit and exclusions when it comes to abortion rights.

Author Biography

Dr. Hiranmaya Nanda, Associate Professor, KIIT School of Law, KIIT Deemed to be University, Bhubaneswar

Dr. Hiranmaya Nanda has completed his Ph.D. in “Delay in delivery of Justice with special reference to the sub-ordinate Courts and High Court of Orissa”: A Jural Analysis”. He did his masters in “Business Laws” specialization and B.A.LLB(H) from Madhusudan Law College, Utkal University. He further has to his credit 5 certificate courses/Diplomas (In Intellectual property laws, corporate laws, medical laws, Cyber laws & Computing). Currently Dr. Nanda is working as Associate Professor at KIIT School of Law. He had more than 12 years of Teaching & Research experience. He has served at SOA National Institute of law. Prior to that he has also been a Visiting faculty at Madhusudan law College, Cuttack. Presently, Dr. Nanda has to his credit more than 40 publications in Scopus, UGC, and other National & International peer reviewed journals, 6 Books/Book-Chapters and 60 papers presented/published in various other Seminars, Conferences, training programs, magazines, workshops, faculty development programs, Refresher courses, webinars etc. He has also been selected as a Reviewer of Indian Law Institute Journal, New Delhi Sage Journal Publication & Willey Journal Publication. He has immense interest in teaching specifically Personal Laws, Law of Contract Health Laws, Interpretation of Statutes and Human Rights.

References

Janoff AF. Rights of the Pregnant Child vs. Rights of the Unborn under the Convention on the Rights of the Child. BU Int'l LJ. 2004;22:163.

Alston P. The unborn child and abortion under the draft convention on the rights of the child. Hum. Rts. Q.. 1990;12:156.

Nikhil Datar v. Union of India. SLP. 2009.

Roe v. Wade. U.S. 1973.

Suchita Srivastava and Anr v. Chandigarh Administration. SCC. 2009. p. 1.

Mr. Vijay Sharma and Mrs. Kirti Sharma v Union of India. AIR. 2008. p. 29.

Parikh SN. Right to life of an Unborn Person. Indian Bar Review. 1984; Vol. XI (3).

Bakshi PM, Shah G. Abortion social ethical and legal issues monograph. Vol. I; p. 117.

People v. Belous. US.1970. 915.

Doe v. Scott. US. 1973. 951.

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Published

14-08-2023

How to Cite

Nanda, H. (2023). The Status of an Unborn Child & Women Reproductive Rights in India. RESEARCH REVIEW International Journal of Multidisciplinary, 8(8), 68–72. https://doi.org/10.31305/rrijm.2023.v08.n08.013

Issue

Vol. 8 No. 8 (2023): RESEARCH REVIEW International Journal of Multidisciplinary

Section

Articles

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Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

This is an open access article under the CC BY-NC-ND license Creative Commons Attribution-Noncommercial 4.0 International (CC BY-NC 4.0).