Author- ANUSHREE BAREGAMA
Final year, BA.LLB. (Hons.), student at Law College Dehradun, Uttaranchal University, Dehradun-248007, Uttarakhand, India. The Author can be contacted at anushreebaregama24@gmail.com
Author- DOLI CHAUHAN
Final year, BA.LLB. (Hons.), student at Law College Dehradun, Uttaranchal University, Dehradun-248007, Uttarakhand, India. The Author can be contacted at dolichauhan3128@gmail.com
Co-Author- MANSI SHARMA
Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun-248007, Uttarakhand, India. The Co-author can be contacted at mansisharma@uttaranchaluniversity.ac.in
Co-Author- SACHIN KUMAR
Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun-248007, Uttarakhand, India. The Co-author can be contacted at sachinkumar@uttaranchaluniversity.ac.in
Abstract
There is no freedom, no equality, no full human dignity and individuality for women unless they demand control over their bodies and reproductive processes. Right to abortion is a matter of personal discretion and conscious choice for the women concerned.
The Notion of abortion, the termination of pregnancy irrespective of the foetal age irrespective of the reason has been circulating since time immemorial. On various occasions in the yore, the idea of abortion has gained prominence and attracted attention of a variety of reasons, besides the medical grounds for termination of pregnancy and there have been perpetrators in support and in opposition of the idea of termination of foetal life or life while in the mother’s womb. Prima facie, a women’s health concern, it is slowly increasing in its incidence for myrid of concerns including adolescent abortions, high risk pregnancies in vulnerable women, forced abortions based on the gender of the foetus being a female, termed female feticide, family and social stigmas of pregnancies out of wedlock which are predominantly delt with by the strong and sturdy patriarchal society. Abortion is multidimensional as it includes the zenith of numerous viewpoints like religion, ethical quality, medication and regulation. The woman who should be at helm of affairs in deciding the retention of her foetus which is literally an extension of her own self is the last person who has an entitlement or right over the abortion or termination and it further extends safe abortion case despite the long years of liberal legislation in India to make it a reality.
The article is an attempt at analyzing the contemporary legal framework prevailing for effective implementation more so ever since the inception of the specific laws relating to abortion or termination of pregnancy, a phenomenon the persists irrespective of the time frame and the legal provisions.
KEYWORDS
Abortion, Medical termination of pregnancy, Legislation, Contemporary Abortion Laws, Indian penal code, Supreme Court, Union of India, United States,