Abortion Laws in India A Critique Vis–À–Vis Counter Status In USA

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DOI:

https://doi.org/10.53724/lrd/v7n3.2

Keywords:

Abortion, Abortion Laws, India, USA, Autonomy, Constitution

Abstract

Alabama’s anti–abortion law went into effect in May 2019 and virtually outlawed all abortions in the State. Concerning the country’s abortion laws, states in the United States are moving toward a conservative ideology. The law in Alabama is regarded as the most stringent and rigid prohibition on abortion in history because it does not allow for rape or incest exclusions. The choice of a woman to have children or not is utterly disregarded. However, based on the landmark Roe v. Wade decision, this statute contravenes American federal law. This essay addresses which law will be applied and why, the reasons why the two laws will be broken, and the possible motivations behind passing such severe legislation. In addition, it proposes a few modifications to the existing legal framework that must be made. In addition, a brief description and description of how the abortion law in India is implemented are provided. The major abortion case laws in India as well as the Indian Constitution’s stance on these laws are discussed. In the case of “Justice K.S. Puttaswamy v. Union of India”, this law is against federal law in the United States. This article discusses which law will be used and why, the rationales for breaking the two laws, and potential justifications for enacting such harsh legislation. by talking about how advances in medicine and changes in society now necessitate changing the law.”

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References

[1973] 410 US 179.

Roe v. Wade [1973] 410 US 113.

United States v. Carolene Products Company [1944] 323 US 18, 21.

Thomas John M. [October–December 1974], Indian Abortion Law Revision and Population Policy: An Overview, Vol. 16, No. 4, Journal of the Indian Law Institute, at pp. 513–534.

Writ Petition [Civil] No. 494 of 2017.

Civil Appeal No. 5845 of 2009.

Roe v. Wade [1973] 410 US 113.

[1973] 410 US 113.

Published

30-03-2023

How to Cite

Dr. Vinod Kumar Meena, & Vinay Kumar. (2023). Abortion Laws in India A Critique Vis–À–Vis Counter Status In USA. Legal Research Development, 7(III), 01–07. https://doi.org/10.53724/lrd/v7n3.2

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