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Whose rights matter more - the woman’s or the unborn child’s?

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The debate around abortion after 20 weeks is once again raising difficult legal, medical, and ethical questions in India. At the centre of the discussion lies one emotionally charged question - whose rights matter more: the woman’s or the unborn child’s?

Under Indian law, abortion beyond 20 weeks is allowed only under special circumstances, including serious risks to the mother’s health or severe fetal abnormalities. However, many women continue approaching courts after crossing the legal limit due to delayed medical discoveries, lack of awareness, social pressure, or complicated pregnancies.

Supporters of reproductive rights argue that a woman should have complete control over her own body and healthcare decisions. They believe forcing someone to continue an unwanted or medically risky pregnancy can severely affect mental health, physical wellbeing, and personal freedom.

On the other side, critics believe pregnancies in advanced stages involve ethical concerns around the unborn child’s right to life, especially when the fetus is considered viable outside the womb. This has made late-term abortion one of the most sensitive and emotionally divided issues globally.

Medical experts say every case is different and cannot be judged with one universal rule. Factors like fetal health, risks to the mother, trauma, rape, and medical complications often make these situations deeply complex.

As courts continue hearing such cases, the debate around women’s rights, medical ethics, and the rights of the unborn child remains one of India’s most challenging legal conversations.

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