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How to Safeguard the Human Rights of Unborn in India

How to Safeguard the Human Rights of Unborn in India

The protection of human rights is an essential part of a healthy society, and this is especially true for the unborn. In India, the legal framework surrounding unborn human rights has evolved significantly over time, but there are still numerous challenges that must be addressed to ensure that all citizens have access to these rights. This blog post will provide an overview of unborn human rights in India, discuss current issues related to safeguarding them, and outline potential strategies for protecting these important human rights. By highlighting the importance of unborn human rights in India and exploring ways to strengthen their protection, this post aims to raise awareness and encourage action towards ensuring the safety and wellbeing of future generations.

Overview of Unborn’s Human Rights in India.

Unborn human rights refer to the fundamental rights that are to be enjoyed by a fetus prior to its birth. These rights include the right to life, health protection, and protection against discrimination and exploitation. In India, unborn human rights are enshrined in Article 21 of the Constitution which states that no person shall be deprived of his/her life or personal liberty except according to procedure established by law.

Evolution of Unborn Human Rights in India.

The concept of unborn human rights has been evolving over time in India with various developments taking place at both legal and societal levels. On the legal front, various statutes including the Medical Termination of Pregnancy Act (1971) and Pre-Natal Diagnostic Techniques (Regulation & Prevention) Act (1994) were enacted for protecting unborn children from gender discrimination through sex selective abortion, as well as safeguarding them from medical malpractices related to pre-natal testing. Additionally, several Supreme Court judgments have also contributed significantly towards developing an understanding about unborn human rights in India such as MC Mehta v Union Of India where it was held that pregnant women should not be exposed to hazardous work environment so as to protect their unborn child’s right to life and health. At a social level too, awareness about protecting unborn human rights is increasing due to increased media attention on issues such as female foeticide and prenatal diagnostics abuse etc., leading people towards becoming more sensitive towards this subject matter.

Current Challenges in Safeguarding Unborn Human Rights in India.

Environmental hazards, such as air pollution, water contamination, and toxic waste dumping, can have a significant impact on the health of unborn children in India. Air pollution has been linked to an increased risk of low birth weight and premature birth. Exposure to toxic substances can lead to long-term developmental issues for unborn children. In addition, inadequate access to clean water and sanitation facilities can lead to the spread of waterborne diseases that can result in increased infant mortality rates.

Inadequate Legal Protection for Unborn Human Rights.

In India, there is no legal framework in place specifically designed to protect the rights of unborn children. The Indian Constitution guarantees certain fundamental rights that apply equally whether an individual is “born” or “unborn”; however, these are often not enough to provide adequate protection for unborn human rights in India. Additionally, abortion laws in India are highly restrictive with little consideration given for the interests of both mother and child during pregnancy termination processes.

Impact of Poverty on Unborn Human Rights:

Poverty is another major factor contributing towards a lack of protection for unborn human rights in India; poverty can prevent women from accessing quality medical care or even basic nutrition during pregnancy which may negatively impact their child’s health outcomes upon delivery or even fetal death due to lack of resources available at home environment . Furthermore, financial limitations may also restrict access to necessary treatments if any complications occur during pregnancy thus leading newborns born into poverty cycle . This issue has been further exacerbated by COVID-19 pandemic due reduction of economic activities leading more people falling into poverty line with detrimental effect on overall public health including pregnant women & new borns underprivileged sections society .

Possible Strategies for Safeguarding Unborn Human Rights in India.

The Indian government needs to strengthen existing laws that protect unborn human rights. This could include introducing new legislation, amending current laws, or expanding the scope of existing regulations. For instance, the Medical Termination of Pregnancy (MTP) Act 1971 protects unborn human rights by providing access to safe abortion services in cases where continuing a pregnancy carries risks for either mother’s or baby’s health. However, this act has not been amended since it was passed and does not cover many modern medical procedures such as genetic testing to detect fetal abnormalities prior to birth. Thus, strengthening existing laws can help ensure that unborn human rights are adequately protected in India.

Increasing Awareness of Unborn Human Rights

Raising awareness about the importance of protecting unborn human rights is essential in order to create a society that respects them. The media can be used to educate people on the issue and spread information about existing laws and regulations related to unborn human rights. Additionally, NGOs and other civil society organizations can play an important role in raising awareness through campaigns and initiatives aimed at educating communities about their legal obligations with respect to pregnant women and fetuses.

Providing Financial Support for Unborn Human Rights

Lack of financial resources is one of the primary factors preventing pregnant women from accessing quality healthcare services which could otherwise safeguard their unborn babies’ human rights e.g., antenatal care facilities like ultrasound scans for early detection of congenital disabilities or infections during pregnancy etc.. Therefore, governments need to allocate adequate funds towards programs that provide financial support for pregnant women so they can access these services without any economic constraints hindering their ability do so. Such programs may also introduce incentives such as free transport costs or reduced registration fees at clinics/hospitals which would encourage greater utilization of prenatal care facilities among expecting mothers living below poverty line who often lack the means needed for accessing professional healthcare assistance during pregnancy periods.


In conclusion, it is essential to safeguard the human rights of the unborn in India. This can be achieved through strengthening existing laws and regulations, increasing awareness of unborn human rights, and providing financial support for unborn human rights initiatives. Such efforts must be made with a sense of urgency in order to protect future generations from environmental hazards, poverty-related issues, and inadequate legal protection. It is also important that all citizens work together to ensure that everyone has access to basic needs such as clean water, food security, education and healthcare. By taking these steps we will ensure that our children are born into a safe and secure environment where they can thrive and reach their full potential. We must take action now if we want to create a better future for all Indian citizens.

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