RIGHT TO ABORTION AS BASIC HUMAN RIGHT OF

WOMEN

FIRST DRAFT SUBMITTED IN FULFILLMENT OF THE COURSE LAW

RELATING TO WOMEN AND CHILD FOR THE DEGREE B.A. LL.B. (Hons.)

SUBMITTED BY- Alivya Sahay

B.A. LL.B. (Hons.)

ROLL NO. – 1709

SUBMITTED TO – Ms. Sugandha & Mr. Vijayant Sinha

(FACULTY OF LAW RELATING TO WOMEN AND CHILD)

DATE OF SUBMISSION - 24th JANUARY, 2022

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYANAGAR, MITHAPUR, PATNA
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 INTRODUCTION

The evolution of international and regional human rights norms to recognize safe abortion as a
human rights imperative has significantly influenced judicial and legislative developments on
this issue across the globe. These increasingly progressive standards have played a critical role in
liberalizing national level abortion laws by both influencing domestic high court decisions to
recognize access to abortion as a constitutional guarantee and by serving as an important
resource in advancing law and policy reform. As these standards continue to evolve to create
stronger protections for abortion as a fundamental human right, they can further influence the
development of transformative national-level jurisprudence and law and policy reform in
recognition of women’s reproductive autonomy.

This project examines key developments in United Nations (UN) and regional human rights
bodies toward the recognition of abortion as a human right and the significant influence of these
norms in high court decisions and legislative measures affirming and advancing women’s right
to access abortion services at the national level. The authority of such normative developments at
the national level is often overlooked in critiques of international and regional human rights
bodies, despite the profound impact of these developments on women’s ability to exercise
reproductive autonomy. Instead of providing an exhaustive list of these developments, this
project explores particularly notable examples and concludes by discussing critical recent
normative developments that may further advance reproductive autonomy. Importantly, these
normative advancements and their integration at the national level do not occur in a vacuum—
they result from sustained efforts by lawyers, advocates, and activists to hold states to account
for their human rights obligations, demonstrate the harmful impact of restrictive abortion laws,
and destigmatize abortion. Furthermore, formal legal recognition of these rights is only a first
step toward enabling women to access abortion care; the complex task of fully implementing
such laws is essential for guaranteeing women’s and girls’ ability to exercise their reproductive
rights. While this project focuses on concrete legal gains that have been made through the
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translation of these norms from the supra-national to the national level, the role of civil society in
catalyzing these developments and the importance of the full implementation of these legal
guarantees must not be overlooked.

OBJECTIVES OF THE STUDY

1. To understand that the law of the land has always held human life to be sacred and the
protection that the law gives has been extended also to the unborn child in the mother's
womb.
2. To understand how forcing a woman to undergo a life-threatening unsafe abortion
threatens her right to life.
3. To find out how there is a major gap in abortion policy in India results to the lack of
explicit policy on good clinical practice and research.

HYPOTHESIS

The researcher believes that ddespite the existence of moderate policies, majority of women still
resort to unsafe abortion.

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TENTATIVE CHAPTERIZATION

1. Introduction
1.1 Development Of International Human Rights Norms On Abortion
1.2 Influence Of Human Rights Norms On National-Level Abortion Jurisprudence And
Law Reform
2. Law, Policies And Guidelines In India
2.1 Indian Penal Code, 1860
2.2 Medical Termination of Pregnancy Act
3. Abortion Law Reform Since 2000
4. Conclusion

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 BIBLIOGRAPHY

STATUTES:
1. The Constitution of India
2. The Indian Penal Code, 1860
3. The Medical Termination of Pregnancy Act, 1971

ARTICLES :
1. Siddhivinayak S Hirve, Abortion Law, Policy and Services in India: A Critical Review.
2. Leela Visaria & Vimala Ramachandran & Bela Ganatra & Shveta Kalyanwala, Abortion in
India: Emerging Issues from the Qualitative Studies.
3. Melissa Stillman, Jennifer J. Frost, Susheela Singh, Ann M. Moore and Shveta Kalyanwala,
Abortion in India: A Literature Review.
4. Rebecca Cook, Women's Health and Human Rights.

WEBSITES:
1. Melissa Stillman, Jennifer J. Frost, Susheela Singh, Ann M. Moore and Shveta Kalyanwala,
Abortion in India: A Literature Review, Guttmacher Institute, (Jan. 24, 2022, 10:04
AM),https://www.guttmacher.org/sites/default/files/report_pdf/abortion-india-lit-review.pdf
2. Siddhivinayak S Hirve, Abortion Law, Policy and Services in India: A Critical Review, T
and F Online, (Jan. 24, 2022, 10:04 AM),
https://www.tandfonline.com/doi/pdf/10.1016/S0968-8080%2804%2924017-4
3. Marge Berer, Abortion Law and Policy Around the World: In Search of Decriminalization,
Health and Human Rights Journal, (Jan. 24, 2022, 10:04 AM),
https://cdn1.sph.harvard.edu/wp-content/uploads/sites/2469/2017/06/Berer3.pdf

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