CONSTITUTION SYNOPSIS

DR. RAM MANOHAR NATIONAL

LAW UNIVERSITY, LUCKNOW 2013-14


A project on:
Right to Abortion: Is it Justified?

Under the supervision of: Submitted by:
Asst. Prof. Aparna Singh Vanshika Premani
Department of Law Roll No. 151 Sec B
Dr. RMLNLU Semester III
rd

Lucknow 226012 B.A.LLB (Hons.)
Aim and Objective: The topic of abortion is one of the most controversial of our times. It
has caused countless deaths and several violent confrontations between the two separate
parties of opinion. The fight between pro-life and pro-choice supporters has been long and
brutal. This is because, despite what several people may believe, abortion is neither right nor
wrong. Thus, the basic aim of this project would be to go into the discrepancies that were
prevalent in granting this right and how later on the Constitution recognised. This project
would also throw light on the international aspect regarding this right with reference to US
and Ireland Laws.
Research Methodology: The author has used the Doctrinal method while making this
project:
Data Collection: The author has taken help of various Constitution books. There
were certain books available in the college library- Dr. Madhu LimayeLibrary.-It
proved to be a very good source as most of the books were easily available. Various
reference books pertaining to Article 21 covering Right to Abortion are also used so
as to get a glance of the problems prevalent with this right and also remarks made by
the authors of these books .The e-databases are also used so as to enrich the project
work.
Data Analysis: The data so collected was analysed so as to come out with the
important points relevant with the topic. Data has been transformed and modelled
with the goal of highlighting useful information suggesting conclusions and making it
more comprehensible for the readers to understand this Right which has always
created two opinions i.e for and against it.

Utility of your Research: The topic in discussion is an important because it
includes a clash of two rights :
Right to Abort of the Woman
Right to Life of the foetus.
Right to abortion has been recognized under right to privacy which is a part of right to
personal liberty and which emanates from right to life. But the question always arises
whether an unborn child should be considered as a human being and be given the status of a
person or not. There are various aspects such as religious, ethics, moral and legal values that
rule over the aspect of right to abortion. But in spite of that always the question arises
whether the mother has a right to abortion or the child has a right to life.
Thus, it is a relevant to understand this aspect of Article 21 not only for the medical and legal
experts but also for the law students as to which right would prevail over the other. Since this
project would include debates and discussions that took place in landmark cases both of India
and also US and Ireland, therefore it would help the readers to have a broad view of this right
and also how the judicial decisions are taken keeping in mind the various grounds that are
bound to affect an individuals life and dignity.

Review of Literature: The doctrinal research involves the analysis of the statutes, case
laws, existing secondary information accessed from various sources, e.g. books, articles,
journals, websites etc and a comparative study with the system of a liberal abortion laws and
its understanding in India, USA and Ireland.

Tentative Chapterization
1. Introduction: Abortion is one of the subjects that have been discussed extensively in
both national and international level. It has become a controversial issue all over the
world. Everybody is in dilemma whether a mother has a right to terminate her pregnancy
at any time she wishes or an unborn child has a right to life.

2. Conceptual Framework: Meaning and History: Abortion is the termination of
pregnancy by any method (spontaneous or induced) before the foetus is sufficiently
developed to survive independently (foetus less than 20weeks of pregnancy). Abortion
laws and their enforcement have fluctuated through various eras. In many western nations
during the 20th century various women's rights groups, doctors, and social reformers
successfully worked to have abortion bans repealed. While abortion remains legal in most
of the West, this legality is regularly challenged by pro-life groups. Thus, the author
would examine the abortion practices of both the ancient era and the present era to
analyse the practice and also the reaction of the legal system.

3. Abortion Laws in India: The author would deal with the Right to Abortion as mentioned
under Article 21of Indian Constitution with reference to the special law for it i.e MTP
(Medical Termination of Pregnancy), Act 1971.

4. Case Analysis: The part would deal with the landmark cases that were decided in India.
It would cover the arguments put up by the parties and the analysis made by the legal
experts as well as the Judiciary.


5. Abortion Laws in USA: Roe v. Wade: Roe v. Wade has been the most important and
has been used as precedent for deciding land mark cases in India. This part would also
include the study of rights related to Abortion in the American Constitution and would
also include a comparative study of these laws with that of India thereby, making a
conclusion taking into account the overall legal aspects prevalent in both the countries.

6. Abortion Laws in Ireland: The main purpose of studying the law of this country relating
to Abortion is that this is the newest country that has recently come up with decision of
legalizing Abortion. It would deal with how the societal norms became subordinated to
the power of law and also to what extent the judiciary is involved in protecting the Rights
of the citizens of this country.

7. Conclusion: When does the life begins has not been recognized under any Statute. So by
analyzing and comparing the Constitutional provisions of USA and India, the author
would try to draw the conclusion as to when can the Right to Abortion of a woman would
prevail over the Right to Life of the foetus. It would also include the reasoning and the
criteria adopted to claim a particular right to be just, fair and reasonable and in
consonance with the spirit of Article 21 of the Indian Constitution.

8. Bibliography:
Dworkin, Ronald. Freedoms Law: The moral reading of the American constitution.
90 (Oxford University Press ed., 1999)
Grobstein,Cliffered. Science and the unborn: choosing Human futures (Basic Books,
1988)