Abortion Rights – A Comparative Study of India, USA & South Africa 

Vinod Parmar
School of Law, University of Petroleum & Energy Studies, India.

Volume III, Issue III, 2020

The practice of abortion is been prevalent in for so long in our society and now has taken different forms in political, social and cultural context. As per one class of society abortion is a woman’s human right i.e. a controversial right in third world countries like India and South Africa. Restrictions imposed on said human right is in name of ‘mother’s right to health’, in context of few countries, while others restricts it in name of ‘embryo’s right to life’, increase in female foeticide and moral and social restrictions.

Often, Legislature and judiciary has struggled to strike a balance between the rights of pregnant women and the rights of foetuses. abortion laws and practices in different nation, often leads to complex cases and policies governing when and under what circumstances a woman may legally have an abortion rights and thus, judicial intervention plays crucial role. When abortion is safe, simple and undeniable available on the woman’s will in affordable and accessible manner. Considering this perspective, few existing laws justify purpose. However, the laws of India and different nation making efforts to balance rights of women of abortion and rights of foetus. As in India Abortion and Reproductive Autonomy of women is in conflict with personhood of foetus. Though Indian judiciary is making efforts to make women to have abortion more liberals and is trying to make harmony of laws to facts of exceptional case. The aim of paper is to provide a wide view of laws and policies on abortion and right of foetus around the nation of India, USA, South Africa. Comparative Analysis of laws and extent of right recognised and accepted freely by India, USA, South Africa. Judicial and legislative proposed possible recommended changes which try to settles conflict of rights.


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