Reproductive Rights of Women in India

Abstract

The paper elaborates on the existing and available reproductive rights and choices to women in India and the deprivation and negligence still faced by women in the sphere of reproductive and sexual autonomy. Though rights in the reproductive sphere are relatively new to India, India has made significant progress in this concerned field when compared to many developed countries of the world. Drawing on the right to privacy, dignity and bodily integrity, reproductive rights are firmly inter-wined within the broader framework of reproductive justice and human rights. Paper also concentrates on various concepts concerning sexual rights of women like sexual autonomy, reproductive choice and reproductive justice. Ruling under the cases of Suchitra Srivastava and Laxmi Mandal formed the bedrock of India’s reproductive rights jurisprudence leading to flourishment of laws concerning reproductive rights in India. Various legislations and judicial interventions at various stages have been instrumental in securing and furthering the reproductive rights of women in India. Various actions and decisions by concerned authorities have provided the needed support and assistance in doing away with the realm of obliviousness that is still considered as a major barrier in enjoyment of these rights by community of women. In recent decade there have been various constitutional underpinnings, advancement of the scope and imposition of duties on the state to formulate policies and take decisions that respects and acknowledge sexual autonomy of women. The paper touches on various aspects that are related to the sexual rights and autonomy of women in India such as marital rape, menstrual and maternal health, right to abortion, adultery and so on. The paper also focuses on the existing constitutional rights and human rights in India like right to life, equality, freedom and privacy, that are strongly inter wined and could realise their true meaning only when the reproductive rights are acknowledged and receives their due recognition. The writing also focuses on various legal and societal challenges that women still face in the realisation of sexual choices and right to bodily integrity in India. Finally, the paper also discusses the need for the gender sensitive policy formulation and implementation that takes into consideration special rights and freedoms of women in India and build an inclusive environment that would lead in true empowerment and emancipation of women.