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The Contradiction in Disability Law – Selective Abortions and Rights | Oxford Scholarship Online
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The Contradiction in Disability Law: Selective Abortions and Rights

Smitha Nizar

Abstract

While the Indian legislation on prenatal tests, the Pre-natal Diagnostic Techniques Act, 1994, prohibits the use of prenatal tests for sex-selection, it permits the use of these tests to pick out foetuses with disabilities. Further, the Medical Termination of Pregnancy Act, 1971 permits the termination of such lives. Does this mean that persons with disabilities do not deserve to be born as their lives are not worth living? Does disability-selective abortion, in effect, negate the rights of persons with disabilities? Can these interventions continue without breaching disability rights? The aut ... More

Keywords: disability-selective abortion, UNCRPD, sex-selective abortion, PNDT Act, MTP Act, the contradiction, equality, inherent value, persons with disabilities

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780199466658
Published to Oxford Scholarship Online: September 2016 DOI:10.1093/acprof:oso/9780199466658.001.0001

Authors

Affiliations are at time of print publication.

Smitha Nizar, author
Assistant Professor at Alliance School of Law, Alliance University, Bengaluru, Karnataka, India