Judgments

Roe Vs Wade (1973 ) : Right To Abortion Included Under Right To Privacy

In Roe Vs. Wade, the Supreme Court held right to abortion is part of right to privacy guaranteed under 14th amendment. But this right was not absolute and was subject to the government’s interest in protecting health and prenatal life.

What were facts of Roe Vs Wade ?

In Texas abortion was illegal unless it was done to save the life of a mother. It was a crime to get the abortion done. Jane Roe (fictious name to save the identity of the Petitioner), who was unmarried pregnant woman filed suit on behalf of herself and others to challenge Texas abortion laws.

What were findings of the Supreme Court in Roe Vs Wade ?

The Court held that right to abortion was part of right to privacy implicit in Fourteenth Amendment.  The Court observed that being forced to continue with pregnancy puts the woman under risks to physical health, mental health, financial burdens and social stigma. But the Court did not grant absolute right to terminate a pregnancy. The Court balanced the right of abortion with right of state to protect human life. Court divided rights of each party in by dividing pregnancy into three 12 weeks trimesters. During first phase the Court held that a state cannot regulate abortion except requirement of a licensed doctor for medical purposes. In the second phase State may regulate abortion if regulations are reasonably related to health. In the third phase protecting the potential human life outweighs the right to privacy. The State can prohibit abortions unless an abortion is necessary to save the life or health of the pregnant woman. This was landmark judgment as it expanded rights of women. But it was also criticized from some quarters as an instance of judicial activism. Catholics also criticized this judgment. This judgment has been overruled in Dobbs Vs. Jackson Women’s Health Organization.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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