OXFORD UNIVERSITY PRESS

The Contradiction in Disability Law: Selective Abortions and Rights

ISBN : 9780199466658

Price(incl.tax): 
¥6,028
Author: 
Smitha Nizar
Pages
284 Pages
Format
Hardcover
Size
138 x 216 mm
Pub date
Aug 2016
Send mail
Print

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. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body. 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. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body. 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. The author questions the breach of rights of persons with disabilities by studying the contradiction that exists between disability-selective abortion and disability rights. Analysing the legitimacy of an automatic decision to abort a foetus with disability, this book questions the unproblematic perception towards disability-selective abortions, but without entering the realm of a woman's right to take decisions about her body.

Index: 

Preface
Acknowledgements
List of Abbreviations and Acronyms
List of Statutes
Table of Treaties
Table of Cases
Introduction
1. The Interplay between Natural and Social Selection
2. Competing Discourses on Value and Quality of Human Life
3. Varied Perspectives on Sex- and Disability-selective Abortions
4. Perfection at the Cost of Excellence: Implications of Disability-selective Abortions
5. The Equality-Non-discrimination Gaze on the Right to Life
6. Disability-selective Abortions in National and International Law
7. Deliberated Decisions, Not Automated Response: The New Discourse on Disability-selective Abortions
Bibliography
Index

About the author: 

Smitha Nizar teaches law at Alliance School of Law, Alliance University, Bengaluru, Karnataka, India. Prior to that, she was a practicing advocate at High Court of Kerala, India.

The price listed on this page is the recommended retail price for Japan. When a discount is applied, the discounted price is indicated as “Discount price”. Prices are subject to change without notice.