Abstract : The debate over abortion rights of women seems like an unresolvable friction of rights that is the friction between the rights of women to have their bodily integrity and to control their bodily decisions and the Right of a children to be born. Human Rights are the inherent rights, which should be available to every person without any discrimination of any kind irrespective of their gender or sex. Recognition of person’s dignity and equality are inalienable rights of all members of the human family and are foundation of very basic right to live freely. The most important right of a Human is the Right to life. It is the most supreme human right from which no derogation is permitted. The Article 6(1) of the International Covenant on Civil and Political Rights prohibits arbitrary and unreasonable deprivation of life. But there exists friction amongst various groups of society qua this Fundamental Right of Life which is the essence of human existence specially the fundamental Right of life of women and the most debatable one the right of abortion from which women has been prevented and there is dispute between different groups of society which favours and disfavour availability of this right to women. It is quite natural to think that if a woman has right to give birth to a child then she must also have right to not to carry pregnancy in the circumstances unavoidable to him which is in conflict of the right of unborn child. But the rights of the mother are to be balanced with the rights of the unborn child.
Earlier the right to abortion was not permitted and it was strongly opposed by the society. In Indian Context also abortion has been prohibited in upnishads, vedas etc. The termination of pregnancy is termed as murder of the foetus. But due to the change in time and trends of society, nowadays this right has been legally sanctioned by most of the nations after the landmark and famous decision of Roe Vs Wade by the US Supreme Court.
But still certain groups of people believes that this right should be restricted and should not be available to women in the present Research paper we are concern with the question that- whether women should have right to abortion or not vis a vis the right to life of the unborn What are the International instruments which are available for implementing this right of abortion. How Indian law is combating the friction between the women’s right of abortion and the Right of an unborn children to be born alive.
Not only in earlier stages of Feminism but in present circumstances also women have been facing many hurdles in effective enjoyment of their right to have abortion of unwanted foetus. these hurdles are not only political but also social, economic, physical. For instance, Rape victims who from the fear of being social stigmatising tilts toward unsafe or illegal abortions. so as to prevent the fact of being raped to come in public domain and to prevent oneself from legal technicalities. Thus, the first and the foremost right must be to keep one’s body safe, private, and healthy must be protected, without which, all other rights are meaningless.
Keywords : Abortion, Medical Termination, Violence, Foetus.
Cite : Hooda, R., & Kumari, N. (2022). Abortion Rights Of Women: A Basic Human Right (1st ed., p. 1). Noble Science Press. https://doi.org/10.52458/9789391842680.nsp2022.eb.asu.ch01
