ASHABEN Vs. STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) Two questions of considerable importance - i.e.

(2.) The facts giving rise to this application are as under:--

(3.) Abortion is an issue overshadowed and shrugged with glaring questions of morality, infanticide, suicide, ethics, religious beliefs and women's rights. To what amplitude, abortion should be permitted, encouraged, restricted or repressed is a social issue that has effectively divided theologians, philosophers, legislators and general mass. The laws governing this delicate sphere of the woman's autonomy reflects immensely on the plight of woman in the society and encompasses emotive and poignant sets of views making it a mammoth task for the legislators to ensure that the constitutional mandate of equality and liberty are adhered to and the constitutional spirit is kept alive. (see women's Right to Abort (2011) 10 SCC J-23)