ABOUT THE AUTHOR

TPS Harsha

TPS Harsha is a litigator from Hyderabad, India and was a visiting faculty member at NALSAR University of Law, Hyderabad. He is currently pursuing his LLM in Comparative Constitutional Law at the Central European University of Law, Vienna.

POSTS BY TPS Harsha

21 March 2023

TPS Harsha

The Janus Face of Fetal Citizenship: A Tool of Inclusion or a Threat to Abortion Rights?

Should citizenship status be conferred upon an unborn child? In a 2022 landmark decision, Pranav Srinivasan v. Union of India, the Madras High Court answered this question in the affirmative. Srinivasan had not been born yet when his parents, with his mother being in the third trimester of her pregnancy, gave up their Indian for Singaporean citizenship. Now an adult and ostensibly to avoid the mandatory conscription for Singaporean citizens, Srinivasan sought to avail himself of a statutory right to reclaim his Indian citizenship, pursuant to section 8(2) of the Citizenship Act 1955. While the Court's ruling in Srinivasan's favour should be applauded for its inclusionary ethos, it threatens to undermine India's progressive abortion jurisprudence. A provision of the 1956 Hindu Succession Act might provide a solution to this conflict. Continue reading >>