Rights of the Unborn Child

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Decoding the Phrase- “Welfare of the Child is of Paramount Importance”: An Indian Case Law Perspective

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Published on 11th August 2025 Authored By: Jiya Sarkar Sister Nivedita University Newtown, West Bengal ABSTRACT The principle of “welfare of the child is of paramount importance” is the cornerstone of Indian child custody law. This paper provides an analysis of the statutory origin, case law evolution, and implementation in practice, based principally on the […]

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The Invisible Stakeholder: Understanding the Rights of the Unborn Child under Indian Law?

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Published on 26th July 2025 Authored By: Jiya Sarkar Sister Nivedita University, Newtown, Kolkata ABSTRACT The legal status of an unborn child under Indian law is a complicated and multifaceted one. Although the child in utero is not a “natural person” until birth, Indian law and jurisprudence grant conditional rights to the unborn, subjecting them

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