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Tag: Indian Legal System

Status of an Unborn Child in the Indian Legal System

Posted on February 27, 2022April 6, 2022 By Amaan Merchant
Status of an Unborn Child in the Indian Legal System

The pedestal of an unborn child has been pretty ambiguously exciting withinside the Indian Legal System. One of the maximum controversial subjects is whether or not the rights of a fetus are at par with a living individual and whether or not it involves those rights in relation to it being a legal successor to property. A fetus at the same time as inside the mother’s womb is in its growing and developing ranges to form a separate living individual. It is known that a foetus’s heart begins evolving between the second one and third weeks of pregnancy. So, the query of regulation that arises over here is whether or not a foetus, who isn’t born but has the ability to emerge as an individual person in the future, can maintain equal rights in society similar to a regular residing person. Article 21 of the Constitution states that “No person will be deprived of his life and personal liberty except according to the procedure established by law”. It appears that it’s a matter of concern for lawmakers in relation to figuring out the status of the foetus in the Indian Constitution. It has always been a matter of confusion and is still doubtful whether or not an unborn child needs to be given the rights much like a child.

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