Centre for Socio Legal Research (CSLR) deposited Abortion Questions Answered Differently By Two Common Law Nations: A Comparative Study Of The Abortion Jurisprudence In India And USA on Humanities Commons 2 weeks ago
The present study aims to analyze, with the assistance of doctrinal method, the abortion policy of the two common law countries, i.e., USA and India, to identify and examine the points of convergence and divergence. Contrary to the popular presumption that two nations following the same legal tradition would have similar, if not identical, position on most of the matters. This study aims to illustrate how attitude of two nations with same legal tradition may vary depending on a plethora of factors and relate the same to the specific historical event or context that motivated such reformation. Abortion has always been one of the major political, thus very controversial, issue in USA , in the past few decades it has gone under fundamental reformation. Similarly, in India the recent 2021 amendment have brought substantial changes in Indian abortion jurisprudence and reconstructed the same to a towards a more progressive direction.
While acknowledging the distinctions in law and its actual practical application, in the following research paper, the researchers will try to bring out distinctions between the abortion law in USA and India, by first briefly summarizing the said two nation’s position on the matter and then undertake a comparative analysis of the two jurisdictions on issues like recognition of abortion as a right, decisional autonomy, mandatory counseling, and waiting period, minor consent, spouse consent, rape and incest exception, etc.