Published Paper Details:

The right to life and personal liberty under Article 21 of the Indian Constitution is a fundamental right guaranteed to every person, including an unborn child. However, the scope of this right in the context of an unborn child has been a topic of debate and controversy. This research paper examines the legal position of the right of an unborn child under Article 21 of the Indian Constitution. It explores the various judgments of the Indian judiciary on the issue and analyzes the implications of such judgments on the rights of an unborn child. The paper also delves into the international legal framework regarding the right of an unborn child and compares it with the Indian legal framework. The aim of the research would be to examine the legal and constitutional provisions related to the right of an unborn child in India, specifically with reference to Article 21 of the Indian Constitution with 210 sample collected through random sampling method .The research concludes that an unborn child has the right to life and personal liberty under Article 21 of the Indian Constitution and that the State has a duty to protect and promote this right.