The Janus Face of Fetal Citizenship: A Tool of Inclusion or a Threat to Abortion Rights?
Harsha, TPS
Author
aut
Text
xx#
2023
Verfassungsblog
2023-03-21
eng
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.
CC BY-SA 4.0
Harsha, TPS
Abortion
childrens rights
Citizenship
342
https://verfassungsblog.de/the-janus-face-of-fetal-citizenship-a-tool-of-inclusion-or-a-threat-to-abortion-rights/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20230321-185300-0
230321
10.17176/20230321-185300-0
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