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Right to Conceive vis-a-vis Right to Birth

By G. V. Ramaiah

Published In

Air 1996

Woman by nature possess a right to have a child. She should not be deprived of such a natural right just by a statute. A woman having become pregnant, it is her fundamental right to have a child. She cannot be forced to abort the child. The Constitution of India under Article 21 guaranteed personal liberty which may include the liberty of conceiving a child and giving birth to it. At the same time under various provisions of other laws woman is given ample liberty and discretion in matters like procreation, abortion and sterilisation. This paper is an attempt to study the legal provisions which affect the right of a woman to conceive and to give birth to a child and the right of an unborn child to birth. Right to Conceive In the month of December, 1993, a father of a minor girl of 16 years age filed a writ petition before the Madras High Court under Medical Termination of Pregnancy Act, 1971 for a direction from the Court to terminate the pregnanc ....

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