Student at National Law School of India University, India
In the recent judgement of Dobbs v. Jackson Women’s Health Organisation 2022 U.S. LEXIS 3057, the U.S. Supreme Court overturned Roe v. Wade 410 U.S. 113 (1973), stripping many women of their right to abortion. This brings forth to the mainstream the question as to whether Abortion can be considered a part of body autonomy. Does the State, Medical Professional, and as a matter of fact, the Spouse has any right to sue the woman for an abortion. The author will be critically analysing the Medical Termination of Pregnancy (Amendment) Act, 2021. Is it progressive enough to break the cultural chains binding Indian Women. This paper shall consider all the pros and cons in the event of making the right of abortion absolute under the Right to Privacy. What would be the repercussion if Abortion was given as a right at will. If we accept certain limitations on this right, then can we agree on a universal period at which abortion shall be forbidden? The paper also seeks to find out whether the Amendment Act of 2021 falls short of right-based legislation. The disability activists accuse the Amendment of advancing eugenicist perception and the Ableist approach- the author shall analyse the said accusation as well.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 165 - 174DOI: https://doij.org/10.10000/IJLMH.114300
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