Right of Mother to Abort vs. Right to Life of the Unborn

In India, the phenomenon of sex-selective abortion persists, perpetuating discrimination against female foetuses. While the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (1994) bans sex-selective abortion, it still holds women liable for the act. This study argues that the right to life of an unborn child, as enshrined in Article 21 of the Indian Constitution, should prevail over the right to abort claimed by a mother. The research adopts a doctrinal methodology, analyzing statutes, case laws, and secondary sources to establish that an unborn child is a person with inherent rights. Judicial pronouncements, including the landmark case of Shahishtha and Others V. The State (2022), have recognized the unborn child's right to life and personal liberty. This paper contends that the state has a duty to protect the life and health of both the pregnant woman and the unborn child, and that the rights of the unborn child should be recognized and protected from conception until birth. The study concludes that the judiciary has played a crucial role in protecting the rights of the unborn and that a constitutional imperative exists to grant them the right to life.