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Parvathy (Student)     01 January 2012

Right of unborn child

does an unborn child has the same rights of a person including fundamental rights? when does it get the right to life and personal liberty? when it becomes a person?


 7 Replies

N.K.Assumi (Advocate)     01 January 2012

From the moment of conception it is regarded as human being and should be protected by  the right to live as a human being. But Parliament in its wisdom has enacted the law to do away with the unborn child's Human rights.

Sankaranarayanan (Advocate)     02 January 2012

well said by mr assumi

Parvathy (Student)     03 January 2012

what law has parliament enacted in this matter? that is to do away the rights of an un born child?

pratik (self working)     04 January 2012

i also want the law that has away the rights of an un born child.

Arup (UNEMPLOYED)     06 January 2012

unborn child has no legal right, it is not a person, it can not claim any right, but it's parent can claim.

one can keep money / property in the name of unborn child. it is recogonised by the court of law.

ipc has the provision of medical termination of pregnancy. rights are vested into thhe parents and not the

unborn baby. there also a law medical termination of pregnancy with some restrictions.

Jahnvie (student)     08 December 2012

As per the preamble of the CONVENTION ON THE RIGHTS OF THE CHILD (1989)


Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by

reason of his physical and mental immaturity, needs special safeguards and care, including

appropriate legal protection, before as well as after birth,"


India is a state, party to UNO, though indian law does not have express provision for laws relating to unborn person a  law cannot be enacted in india, in contradiction of this convention 

Attached File : 367062802 un convention on rights of children, 1989.pdf downloaded: 268 times

surjit singh (Assistant)     09 December 2012

Mr Arup you are totally contradicting Mr Mr Assumi view. Mr Assumi has rightly said unborn child has right. In a court the counsel argues the right of his client, the client does not argue his case, just like that an unborn child has a right which is ventilated by his parent or else.

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