INTRODUCTION:

Women have the same rights as other people, but these are often seemed to be in conflict
with those of her unborn child. Maternal-fetal conflict describes the ways that law, social
policies and medical practices sometimes treat a pregnant woman’s interests in opposition
to those of the fetus. This dichotomy creates a justification for restricting the autonomy of
the pregnant woman.

In India, despite there not being any legislation or statute that specifically defines the
rights and the position of an unborn child under the law, several statutes. Recognize and
mention the unborn and defined it to be a legal person by fiction, but they too mention
that an unborn acquires rights only after being born. Thus, the state can and is required to
interfere in abortion matters only after the unborn child has attained the stage of viability.
To protect the right of a human being falls under the right to life and hence has to be
protected.

Religious, moral, and cultural sensibilities continue to influence abortion laws throughout
the world. The right to life, the right to liberty, and the right to security of person are
major issues of human rights that are sometimes used as justification for the existence or
the absence of laws controlling abortion. Many countries in which abortion is legal
require that certain criteria be met in order for an abortion to be obtained, often, but not
always, using a trimester-based system to regulate the window in which abortion is still
legal to perform. In this research paper, presented focus on either the moral
permissibility of an induced abortion, or justification of laws permitting or restricting
abortion. Arguments on morality and legality tend to collide and combine, complicating
the issue at hand. Abortion debates, especially pertaining to abortion laws, are often
spearheaded by advocacy groups belonging to one of two camps. Most often those in
favor of legal prohibition of abortion describe themselves as pro-life while those against
legal restrictions on abortion describe themselves as pro-choice. Both are used to indicate
the central principles in arguments for and against abortion: "Is the fetus a human being
with a fundamental right to life" for pro-life advocates, and, for those who are pro-choice,
"Does a woman have the right to choose whether or not to have an abortion".

In order to clarify that unborn human beings do have a recognised place in the framework
of international law and human rights by virtue of their “humanness”, reaching back to
the UN Declaration of Human Rights and beyond, Rita Joseph, a veteran of the UN
conference circuit, has written Human Rights and the Unborn Child. This collection of
documents and commentary on the instruments of international law relating to the status
of the unborn is unique, and will be welcomed—although not by pro-choice groups—as
the standard text on the matter. Joseph has gathered a vast array of references to the
unborn in the major documents of international law, and carefully collated, analysed and
put them into context.

The pregnant woman has the right to adopt; she does not need anyone's
acknowledgement or support if she's above 18 years of age and is mentally stable.

* If a woman is married, her own written consent is sufficient. Her husband's consent is
not required.

* If a woman is unmarried and over 18 years of age, she can provide her own written
consent.

* If a woman is unmarried and under 18, she must provide written consent from her
guardian/parent.

* If a woman is mentally unstable, a written consent is required from her guardian/parent.

ISSUES:
·0 Does fetus have the status of a legal person?

·1 Whether individuals have unlimited autonomy with respect to their own

reproductive systems?

·2 Does the government have the right to impede a woman's right to decide whether
or not to continue a pregnancy?

RESEARCH QUESTIONS:
·3 Whether restricting woman from termination of pregnancy is violating her
fundamental right.

·4 what is the extent of legal framework of unborn child regarding medical

termination of pregnancy in India.

LITERATURE REVIEW:
This review of literature shows that a great deal is known about provision of and access
to safe and unsafe abortion services in India and the need to improve safe abortion and
contraceptive choices to more adequately meet the needs of women experiencing
unwanted pregnancies. Still, a great deal more needs to be known before programs are
implemented to ensure low resource Indian women can readily access safe abortion
services. The cost in terms of women’s health and lives emphasizes the need to efficiently
and effectively pursue efforts to make abo-rtion safer and more accessible for Indian
women
 ·5 K.D. Gaur, Abortion and the Law in India, XV Cochin University LR, 123-
143, (1991)

·6 In this journal the author analyses abortion with respect to the prevailing law in
India.He probes into the provisions in the IPC regarding abortion in India
specifically.Sections 312 to 316 of the Code. He explores the inadequacy of law
to protect illegal abortions and paints a palpable picture about the woes of the
mothers who resort to backstreet abortions and the complications arising out of
such abortions. He explicates how the law that exists to protect the people can
cause harassment in such cases of abortion. He illuminates the steps taken by the
Government to make the abortion laws more liberal and casts light on the MTP,
Act. The author has provided the researcher with a helpful gloss on the subject
matter of abortion and law in India with relevant case laws for better
understanding. The author has helped the researcher in adopting an
unconventional perspective and realizing the importance of the role of law in
protecting the women’s right especially the right to privacy and the threat of
increasing population and importance of family planning.

·7 Simi Rose George, Reproductive Rights A Comparative Study Of

ConstitutionaL Jurisprudence, Judicial Attitudes And State Policies In India

The authoress in this article examines reproductive rights from a jurisprudential attitude
and gives a comparative analysis of the laws existing in India.The article has aided the
researcher in attaining a better understanding of the reproductive rights and has provided
the researcher with sufficient information regarding the research topic of concern.

Ø Debadyuti Banerjee and Ujwala Uppaluri, From Roe v. Wade to Foetal Pain
Legislation: A Reflection of American Jurisprudence on the Indian Milieu of
Liberalised Abortion Policies, 2 NUJS L. Rev. 637 (2009)

This article talks about how the recognition of abortion laws is credited to the United
States and their judiciary. The issues of abortion are being discussed in this paper,
highlighting factors related to the existential question of ‘right to life’ and the normative
value for human life. The very fact of abortion itself is inhuman and has also examined
how the people conducting the abortion are affected. The situation of abortion of both in
the past and the present have been discussed with the help of case laws with provides
criticism and landmark decisions to the laws towards abortion as a whole. .

Bhatt, R. V. 1978. An Indian Study of the Psychosocial Behavior of Pregnant

Teenage Women. Journal of Reproductive Medicine 21 (4):275-278

This journal has helped the researcher in understanding the rights of pregnant women
related to the termination of pregnancy.
Bandewar, Sunita. (2000) Unsafe Abortion. Seminar May

This talks about the difficulties that can arise during the abortion.

Chhabra, Rami and Sheel C. Nuna. 1994. Abortion in India: An Overview. New
Delhi:

This article has given the overview of abortion in India.

Medical termination of pregnancy Act, 1971

An Act to provide for the termination of certain pregnancies by registered Medical

Practitioners and for matters connected therewith or incidental thereto.

Mathai, Saramma T. 1998. Review of Incomplete and Septic Abortions in India with
Particular Reference to West Bengali: Department for International Development.

This article has helped in finding the medicla conditions of women who get their
pregnancy terminatd.

Mishra, U. S., Mala Ramanathan and S. Irudaya Rajan. 1998. Induced Abortion
Potential Among Indian Women. Social Biology 45 (3-4):278-288.

Neelam vs. state of Maharastra

This case law is regarded as the landmark case when we talk about medical termination
of pregnancy.

RESEARCH METHODOLOGY:
The researcher has used the doctrinal method of research in the research paper.

TENTATIVE CHAPTERISATION:
·8 Introduction

·9 legal framework regarding the abortion in india

·10 judicial approach

·11 conclusion and suggetions

Bibliography:

·12 thelogicalindian.com/news/right-to-life-of unborn.

·13 www.legalserviceindia.com/articles/adp_tion.html

·14 Medical termination of pregnancy act,1971

·15 www.alllivesequal.org/choice-vs-unborn-rights