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- Title
A Womb of One's Own: Exploring Decisional Privacy vis-à-vis Abortion Rights in India and US.
- Authors
Siddiqui, Arham
- Abstract
The right to abortion is one of the most prominent reproductive rights and hence has been a topic of great discussion, deliberation, and debate all across the globe. This has also been due to its varying nature and degree of acceptance in differing legal frameworks and jurisdictions. While it is one of the most intimate decisions and choices that a woman ought to have the authority to make, its jurisprudence, in tandem with an inalienable facet of privacy, that is, decisional privacy, has shaped the law and policy of various common law countries, including India and the United States. In this regard, the legislative approach in both countries is dynamic, and the judicial outlook has had different scales of balance, tilting towards either the 'compelling state interest' to protect a fetus or the decisional autonomy, reproductive rights, and privacy of the woman bearing the child. However, the triad of law, politics, and society, with shades of religion, have shaped the mechanisms that govern such rights in both these nations. And this paper presents a comparative perspective on the abortion laws and policies vis-à-vis privacy of the individual in India and the United States.
- Subjects
INDIA; REPRODUCTIVE rights; UTERUS; ABORTION laws; ABORTION policy; PRIVACY; COMMON law; INTERNET privacy; PRO-life movement
- Publication
IUP Law Review, 2023, Vol 13, Issue 1, p12
- ISSN
2231-3095
- Publication type
Article