Introduction
The ability to preserve one’s reproductive health and decide whether or not to procreate is referred to as one’s reproductive rights. This covers the freedom to use contraception, create a family, end a pregnancy, and access reproductive health care. In India, the path of women’s liberation has been genuinely dynamic. Women in our nation have experienced it everything, from their involvement in nationalist movements to being compelled to live in the domiciliary domain to their recent resurgence as superwomen.
reproductive rights
- Individuals have the choice to choose whether or not to reproduce and maintain their reproductive health.
- The freedom to use contraception, plan a family, end a pregnancy, learn about sex education in public schools, and obtain reproductive health services are a few examples of these rights.
- All people and couples have the right to freely and responsibly choose how many, how far apart, and when to have children. It also encompasses the right to the best standards of reproductive health, the freedom to make decisions about procreation without facing prejudice, coercion, or violence, and the right to information and the means to do so.
- In terms of empirical evidence, courts have led the way in advancing, defending, and extending reproductive rights.
reproductive rights of women in india
- Right to Bodily Autonomy: Women are entitled to control over their bodies, including the choice of whether and when to procreate. This covers the freedom to use contraception, the freedom to end a pregnancy when it’s safe to do so, and the freedom to decide when and how to have children.
- Access to Contraception: In order to make educated decisions about family planning, women should have access to a variety of safe and reliable contraceptive options. This covers the availability of inexpensive, barrier-free access to contraception as well as information about available contraceptive methods.
- Safe and Lawful Abortion: Women have the right to get safe and lawful abortion services in areas where abortion is permitted. Restrictive abortion regulations can have detrimental effects on women’s autonomy and health. Access to abortion is a crucial aspect of reproductive rights.
- Prenatal and maternal care: It is the right of women to obtain safe and effective prenatal and postnatal care. The health of the mother and her unborn child during pregnancy and childbirth depends on receiving quality medical maternal care.
- Freedom from Coercion and Discrimination: Women are entitled to make reproductive decisions without being subjected to coercion, violence, or discrimination. This includes the freedom to decline an abortion, sterilization, or other reproductive medical operation without the agreement of the intended recipient.
- Access to Aided reproductive technologies: Women have the right to use assisted reproductive technologies, including surrogacy and in vitro fertilization (IVF), and to decide how they will procreate in the future.
- Reproductive Healthcare Services: Women are entitled to full reproductive healthcare services, which include access to qualified medical personnel, treatment for reproductive health concerns, and testing for STDs.
reproductive rights of women: Challenges Faced
Women and girls still face significant obstacles to fully exercising their reproductive rights, including inadequate health care and restrictions on their ability to make decisions, despite the fact that India was one of the first nations in the world to develop policies and legislation guaranteeing freedom from abortion and contraception.
- Administrative delays can place a burden on women. In one such instance, a lady who had requested an abortion at 17 weeks was denied one after 20 weeks.
- The general ambiguity surrounding the circumstances under which a woman may lawfully terminate her pregnancy is exacerbated by inconsistent rulings.
- Recently, the Supreme Court denied a woman’s request to end her 27 week pregnancy, upholding the unborn child’s right to life.
- Women’s reproductive autonomy is undermined by discriminatory policies such as the requirement, either expressly stated or tacitly, that spouse agreement be obtained before receiving reproductive health treatments.
reproductive rights: Judicial Rescue
The Supreme Court has adopted a comparatively progressive position with regard to women’s reproductive rights.
- In the historic Navtej Johar ruling, the court decriminalized adultery and homosexuality, making it abundantly evident that women have a right to sexual autonomy, a crucial component of their right to personal liberty.
- The Puttaswamy ruling explicitly recognized women’s constitutional freedom to choose their reproductive options under Article 21 of the Indian Constitution, which protects individual liberty.
- In the context of girls’ reproductive rights, the Supreme Court ruled in Independent Thought v Union of India that a girl child’s human rights are very much alive and kicking, whether or not she is married, and that they should be acknowledged and accepted.
Conclusion
Women have achieved significant progress in a number of areas throughout the years, including closing gender inequalities. However, the realities of women and girls being trafficked, maternal health, and the annual toll of abortion-related fatalities have severely impacted, if not completely negated, all the advancements that have occurred. As Swami Vivekananda once said, “Until the situation of women is improved, it is impossible to think about the welfare of the world.” A bird cannot sustain flight on just one wing.
