Reproductive Autonomy And The Right To Medical Abortion: An Analysis
- IJLLR Journal
- 3 days ago
- 1 min read
Ms. Anshul & Ms. Mandeep Kaur
ABSTRACT
Reproductive rights form an integral and inalienable part of the broader framework of human rights. These rights empower individuals especially women to make informed, autonomous decisions about their reproductive health, including the right to access family planning services, safe and legal abortion, maternal healthcare, and information about contraception. Rooted in international human rights instruments such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), reproductive rights are essential for ensuring gender equality, bodily autonomy, and personal dignity.
In the Indian context, the Constitution guarantees fundamental rights such as the right to life and personal liberty under Article 21, which the judiciary has expansively interpreted to include the right to health and reproductive freedom. Legislative developments like the Medical Termination of Pregnancy (MTP) Act, 1971 (and its recent amendments in 2021), the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, reflect a growing recognition of women’s reproductive autonomy in India’s legal framework. Judicial pronouncements in landmark cases such as Suchita Srivastava v. Chandigarh Administration and Justice K.S. Puttaswamy v. Union of India have further entrenched the right to reproductive choice as a constitutionally protected right.”
