Reproductive Justice In Confinement: A Doctrinal Study Of Women’s Reproductive Rights In Indian Prisons
- IJLLR Journal
- Apr 30
- 1 min read
Swasti Jain, CHRIST (Deemed to be University)
ABSTRACT
This paper examines the legal status, judicial treatment, and administrative practices governing the reproductive rights of women in Indian prisons, with the aim of identifying doctrinal gaps and proposing enforceable reforms. Despite constitutional guarantees of equality, dignity, and personal liberty under Articles 14, 15, and 21 of the Constitution of India, and India's obligations under international instruments such as the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules, 2010) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the legal and policy framework governing reproductive rights in custodial settings remains fragmented and inadequate. Employing a doctrinal methodology through systematic analysis of constitutional provisions, statutes, judicial decisions, policy documents, and secondary empirical literature, this paper demonstrates that existing mechanisms, including the Medical Termination of Pregnancy Act, 1971 (as amended in 2021) and the Model Prison Manual, 2016, while providing limited protections for maternity and child welfare, fail to guarantee incarcerated women meaningful access to contraception, abortion, and comprehensive pre- and post-natal healthcare. Structural barriers including inter-state inconsistency, procedural delays, the advisory nature of policy instruments, custodial stigma, and the absence of accountability mechanisms collectively obstruct the realization of reproductive justice in prison settings. The paper concludes by proposing a rights-based, enforceable framework that integrates penal administration with medical law, strengthens judicial remedies, and establishes binding protocols for reproductive healthcare, thereby bridging the gap between constitutional aspiration and institutional reality.
