An Assessment Of The Women’s Reproductive Choice In India In The Light Of Article 12 Of CEDAW
- IJLLR Journal
- Dec 20, 2024
- 2 min read
Nargis Bano, Jamia Millia Islamia
ABSTRACT
The status of women remains the worst especially when it comes to their reproductive health and choices. They are significantly denied of their fundamental and basic human rights, including the right to privacy, bodily integrity and autonomy over their own bodies. Majority of the women in India are unaware about their reproductive rights and those who are informed often face formidable social and cultural obstacles in exercising their rights. The International Bill of Rights and various other international conventions and covenants, particularly CEDAW, have unequivocally recognized women's reproductive rights, yet the realization of these rights remains elusive for many due to persistent gender-based discrimination and inequality. Article 12 of CEDAW mandates the elimination of discrimination against women in healthcare ensuring access to services including those relating to family planning and reproductive health. As a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), India has undertaken various legislative measures to protect and promote the women’s interest in their reproductive rights and choices across the country. One such prominent legislation is the Medical Termination of Pregnancy Act, 1971 (MTPA).
The paper will initially try to address the status of women reproductive health and choices under the international covenants and conventions. Later on, the paper will shift towards the effectiveness of MTPA in safeguarding and promoting women reproductive choices in India and the latest amendments brought into. The paper will conclude while focusing on the role played by judiciary in promoting women’s reproductive choices and in overcoming the loopholes present in the MTPA Act. The paper will suggest some reforms that necessarily seek the attention of the governmental bodies as well of the common people in this arena.
