We can go back to Locke but that would be unnecessary to the lay readers. So lets start from the year 1973, the year when India had one of the most historic, probably the most historic- however lets not reduce such complex socio cultural issues to mere superlatives and unqualified simplicity. So the year was 1973 when the S.C. in the Keshvananda Bharti Vs state of Kerala judgment in 7;6 slim majority came out with the doctrine of basic feature. However the tussle between the court and the executive was far from over and one can see the same quest for supremacy between the two bodies in the NJAC judgment and countless others. But coming back to the year 1973, and moving continents away to America, another historic judgment was being met out by the apex court of the nation. A judgment that would greatly impact the people this nation directly on their lifestyles, their morals and value and the spirit of freedom that they so cherish. The judgment being ROE vs Wade and the case involving the right of a woman to undergo abortion and take away the life of her fetus to suit her choices.
To call America an ultra conservative country, maybe one like the Ireland today, would be a travesty of the truth. The fact of the matter is that Abortion is legalised in USA whereas it is not so in the Catholicism inspired nation of Ireland. However America of the 20th century was not the same as America is today. One has to look at the progressive movement, the prohibition movement that followed it and organisation like the women christian temperance organisation that cropped up along with issues of women suffrage and bringing in a purer electoral base. Further it was this ever pervading spirit of Individualism (could be a derivative of protestantism ) and liberty also added to the anti abortion sentiments, clearly the liberty of the unborn baby is being referred to and not the carrier mother. So all in all USA was a fairly conservative society and did not permit abortion. Not till this texan woman who wanted to abort her third child took up the cudgel to fight against the repressive institution and the state law. The matter reached apex court by the time Miss Mccourvey had already delivered the baby and put him or her for adoption. But the case continued, so the Court legalised abortion, thus a major battle was won by women and the pro choice contendors.
Interestingly the court did not dwelve in matters of life and death etc rather took up the argument of Right to Privacy to further the cause of women's choice. The court articulated that not allowing the woman to undergo abortion was a direct violation of her right to privacy and therefore anti abortion laws have to be done away with. The judgment was given by 7;2 majority, with 2 dissenting voices.
Again, another interesting point that needs to be mentioned here is that for the right to privacy argument the case of Gradison vs Connecticut was referred to. Here the judges stated that anti contraceptive laws of Connecticut were violative of right to privacy and the right to privacy emanated from some liberty something from the constitution.
So the question arises that why was pallavi patel jailed for 20 years for her act of self abortion.
Miss patel for some reasons did not go to an authorised doctor and conducted self abortion by eating pills brought via some online website. Abortion happened but post this she started having bleeding and other issues for which she had to go to the doctor. Now the doctor realised that the baby was not in the womb and therefore reported it to the Indiana police. Now the police found out the body of 25 weeks old (just 1 week older than what would indian laws allow for abortion) and found the lady guilty of foeticide.
However later she was aquitted
To call America an ultra conservative country, maybe one like the Ireland today, would be a travesty of the truth. The fact of the matter is that Abortion is legalised in USA whereas it is not so in the Catholicism inspired nation of Ireland. However America of the 20th century was not the same as America is today. One has to look at the progressive movement, the prohibition movement that followed it and organisation like the women christian temperance organisation that cropped up along with issues of women suffrage and bringing in a purer electoral base. Further it was this ever pervading spirit of Individualism (could be a derivative of protestantism ) and liberty also added to the anti abortion sentiments, clearly the liberty of the unborn baby is being referred to and not the carrier mother. So all in all USA was a fairly conservative society and did not permit abortion. Not till this texan woman who wanted to abort her third child took up the cudgel to fight against the repressive institution and the state law. The matter reached apex court by the time Miss Mccourvey had already delivered the baby and put him or her for adoption. But the case continued, so the Court legalised abortion, thus a major battle was won by women and the pro choice contendors.
Interestingly the court did not dwelve in matters of life and death etc rather took up the argument of Right to Privacy to further the cause of women's choice. The court articulated that not allowing the woman to undergo abortion was a direct violation of her right to privacy and therefore anti abortion laws have to be done away with. The judgment was given by 7;2 majority, with 2 dissenting voices.
Again, another interesting point that needs to be mentioned here is that for the right to privacy argument the case of Gradison vs Connecticut was referred to. Here the judges stated that anti contraceptive laws of Connecticut were violative of right to privacy and the right to privacy emanated from some liberty something from the constitution.
So the question arises that why was pallavi patel jailed for 20 years for her act of self abortion.
Miss patel for some reasons did not go to an authorised doctor and conducted self abortion by eating pills brought via some online website. Abortion happened but post this she started having bleeding and other issues for which she had to go to the doctor. Now the doctor realised that the baby was not in the womb and therefore reported it to the Indiana police. Now the police found out the body of 25 weeks old (just 1 week older than what would indian laws allow for abortion) and found the lady guilty of foeticide.
However later she was aquitted
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