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Reproductive Autonomy And Constitutional Law: Examining Judicial Approaches In India And The United States




Harshita Swami, LLM, Guwahati University, GSET qualified


ABSTRACT


The constitutional jurisprudence on reproductive rights in the US and India is compared in this article. In order to address concerns about reproductive autonomy, privacy, and access to abortion, it examines how courts in both jurisdictions have construed constitutional provisions. The United States has long recognised reproductive rights under the constitutional right to privacy, but India derives these rights primarily from the right to life and personal liberty under Article 21. The study focuses on significant legislative and judicial events that have influenced reproductive rights in both nations. In order to guarantee the realisation of reproductive autonomy, it continues by highlighting the necessity of more robust legal protections, better access to reproductive healthcare, and efficient legislative implementation.


In order to guarantee the successful realisation of reproductive rights, the article’s conclusion emphasises the necessity of more robust legislative protections, easier access to healthcare, and increased public knowledge. The study adds to current scholarly discussions on gender justice and constitutional rights of reproductive autonomy by using this comparative viewpoint.


Keywords: Reproductive Rights, Gender Equality, Constitutional Law, Abortion Laws, Healthcare Accessibility, Judicial Review, Bodily Autonomy, India–US Comparison.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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