Human Rights of the unborn

The issue of human rights in the context of the unborn child, specifically the viable fetus, is a complex and highly debated topic across the globe. In India, as in many other parts of the world, this issue raises significant ethical, legal, and moral questions. This article aims to explore the human rights of the viable unborn child in the Indian context while comparing it with situations in other parts of the world.

I. Viable Unborn Child: A Universal Concern

The term "viable fetus" refers to an unborn child capable of surviving outside the womb, typically around 24 weeks of gestation. As medical technology advances, more fetuses are becoming viable at an earlier stage, prompting discussions about their rights.

A. India's Stance

In India, the right to life is enshrined in Article 21 of the Constitution. While the law does not explicitly address the rights of the unborn, the judiciary has, in certain cases, recognized the rights of the fetus. For instance, the Indian Supreme Court has ruled that the right to life includes the right to a dignified life for pregnant women, implying the protection of the fetus' rights as well. Additionally, India's Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act was enacted to prevent sex-selective abortions, indirectly promoting the well-being of the female fetus.

B. International Perspectives

India's approach to fetal rights contrasts with various countries worldwide:

The United States: In the U.S., the debate primarily revolves around the right to abortion. The landmark case of Roe v. Wade (1973) had recognized a woman's right to choose to terminate her pregnancy. However in 2022, the U.S. Supreme Court overturned ‘Roe v. Wade’ leaving behind a fractured country on the issue.

European Union: In Europe, fetal rights differ across nations. Some countries, like Ireland, have amended their laws to emphasize fetal rights more after historical pro-choice stances, while others, such as Germany, have strong fetal protection laws.

China: China has strict laws and policies that limit the number of children a couple can have, leading to forced abortions and sterilizations, which infringe upon both maternal and fetal rights.

II. Balancing Rights and Interests

The challenge in protecting the rights of the viable unborn child lies in finding a balance between the rights of the mother and the rights of the fetus.

A. Prenatal Healthcare and Women's Rights

In countries like India, prenatal healthcare is crucial to ensuring the well-being of both the mother and the unborn child. Ensuring access to healthcare, nutritional support, and a safe environment are essential to safeguard the rights of the fetus while respecting women's reproductive rights.

B. Legal Frameworks

Countries like India need to develop comprehensive legal frameworks that protect the rights of the unborn child, especially in cases of sex-selective abortions and harmful practices like female infanticide. These laws should focus on criminalizing such acts and ensuring strict enforcement.

C. Ethical Dilemmas

The ethical dimension of fetal rights can be challenging, as it often pits the rights of the mother against those of the child. In these situations, a nuanced and sensitive approach is necessary, taking into account the specifics of each case.

Conclusion

The question of human rights for the viable unborn child is a complex issue that involves moral, ethical, and legal considerations. India's approach to this issue is unique, emphasizing the right to life but not explicitly addressing fetal rights. Comparatively, other countries have diverse stances on this issue, making it evident that there is no one-size-fits-all solution.

In the pursuit of a comprehensive approach, striking a balance between maternal rights and fetal rights is essential. Fostering awareness, promoting prenatal healthcare, and creating stringent legal frameworks that protect the rights of the viable unborn child are vital steps towards a more just society, both in India and around the world. Ultimately, finding a harmonious equilibrium between these two sets of rights is crucial to address this challenging and nuanced matter