Reproductive Rights in India and the Way Forward

Abstract

Pregnancy is a process inherent to the propagation of species, and the right to continue or discontinue the pregnancy electively appears to be exclusive to humankind and has been a much-debated topic since ancient times. Religious rationales believe that aborting a fetus is a “sin,” and this line of thinking makes the act of abortion an offense in almost all jurisdictions. However, with the advent of the human rights concept, particularly with the second generation of human rights, individual liberty becomes one of the most honorable and demanding rights. Some countries like Norway, the UK, and the USA have taken the lead in providing this right to pregnant women, where the United Kingdom introduced legislation in 1967 and became the first European country to allow abortion right, statutorily, though limited in character, and the Supreme Court of America declared abortion as a fundamental right in 1973. Nevertheless, change is the reality of life, which is also true in this regard. Over time, on the one hand, the abortion right has reached a new height, and on the other hand, in its originating country, it comes under constant attack, as the American Supreme Court has overturned its earlier decision and allowed the states to legislate their laws regarding the right to abortion. The BRICS countries are also going in a similar direction on aborting a fetus even though there are few variations. India facilitated this right through specific legislation in 1971.