Abstract

Is a woman’s right over her body subservient to the rights of an unborn she is carrying in her womb? This question has been in continuous debate for decades in various forms in every country around the world, and has led to the division of society in two halves. Apart from these perspectives of right to life and right to choice, there is another concern which has compelled the states to frame laws regulating the abortions; the right to life of women itself. Recently, the US Supreme Court has overruled its own judgement, which was delivered in the widely appreciated case of Roe vs Wade (1973) through which it had declared abortion as a constitutional right of women. Due to this, the states of the USA have started imposing laws against abortion which has led to widespread criticism by citizens from all around the world. In addition, it has raised the debate once again regarding women and their autonomy over their bodies, their right to privacy and dignified life. On the contrary, the Medical Termination of Pregnancy (Amendment) Act, 2021 in India has been enacted to expand the access to safe and legal abortion services on eugenic, therapeutic, social and humanitarian grounds to ensure comprehensive care to women. The urge to present this study emerged from the fact that India, which has been considered by the western world as primitive and unmodern till the late 19th century; is among the few foremost countries which had brought legislations to regulate the abortions and has given rights in regards to abortion, to its women and provided for various safeguard measures, as early as in the year 1971. While, on the other hand, women in the USA had to wait for the US Supreme Court’s judgement of Roe vs Wade, 1976 for their rights to have legal abortions. In the United Kingdom, England, Scotland and Wales; the Abortion Act, 1967 made abortions legal as long as specific criteria are met. This paper aims to present a comparative study of the legal mechanism on abortion and rights available to women in this regard; in India, the United Kingdom and the USA.

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