Understanding abortion rights in India through a feminist jurisprudential lens

This research paper offers a comprehensive exploration of India's abortion laws, by employing the Legal Feminist School of thought. It traces the evolution of these laws from colonial times to the present, showcasing shifts driven by societal demands. Key judicial verdicts have been pivotal in shaping India's abortion rights. To form a broader comparative context, trajectories of abortion laws in India have also been analysed. Moreover, the paper also delves into abortion laws through a jurisprudential lens aligned with the views of eminent jurist Ronald Dworkin. The study also identifies legislative gaps like vague language and inadequate provisions for diverse demographics, advocating for inclusivity. In conclusion, the paper suggests augmenting the existing legal framework to establish a more equitable and effective foundation for abortion rights, encompassing vital recommendation.

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Publication Details

Journal
International Journal of Human Rights and Constitutional Studies
Published
2025-01-01
DOI
https://doi.org/10.1504/ijhrcs.2025.145299
Primary Topic
Demographic Trends and Gender Preferences
Type
article
Field-Weighted Citation Impact
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article

Understanding abortion rights in India through a feminist jurisprudential lens

Vidhee More, Khushi Patel
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International Journal of Human Rights and Constitutional Studies
Demographic Trends and Gender Preferences
article

Understanding abortion rights in India through a feminist jurisprudential lens

Vidhee More, Khushi Patel
article en

Abstract

This research paper offers a comprehensive exploration of India's abortion laws, by employing the Legal Feminist School of thought. It traces the evolution of these laws from colonial times to the present, showcasing shifts driven by societal demands. Key judicial verdicts have been pivotal in shaping India's abortion rights. To form a broader comparative context, trajectories of abortion laws in India have also been analysed. Moreover, the paper also delves into abortion laws through a jurisprudential lens aligned with the views of eminent jurist Ronald Dworkin. The study also identifies legislative gaps like vague language and inadequate provisions for diverse demographics, advocating for inclusivity. In conclusion, the paper suggests augmenting the existing legal framework to establish a more equitable and effective foundation for abortion rights, encompassing vital recommendation.

International Journal of Human Rights and Constitutional StudiesVol. 12(2)
Gujarat National Law University (IN)
Gender equality
Openalex Percentile: Top 92%
Demographic Trends and Gender Preferences
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