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Reproductive Rights For Women: An Constitutional Perspective


Mr. Amit Santosh Solanki, B.Com, MBA, LLB, LLM, Des’s Shri. Navalmal Firodia Law College, Pune


ABSTRACT


As in the words of Swami Vivekananda “It is impossible to think about the welfare of the world unless the condition of women is improved. It is impossible for a bird to fly on only one wing.” Before India's independence in 1947, there was no clear legal definition of reproductive rights, but customary practices influenced reproductive decisions, especially in rural areas with limited access to healthcare. While the Constitution doesn't explicitly use the term "reproductive rights," it establishes fundamental principles closely connected to these rights. However The Indian Constitution takes a proactive stance on this issue, emphasizing protection against gender discrimination and the provision of special rights for women. Unfortunately, women, globally, often find themselves under the control of male authoritarian figures, which severely limits their personal freedoms. Rights to reproductive and sexual health include the right to life, liberty and the security of the person; the right to health care and information; and the right to non-discrimination in the allocation of resources to health services and in their availability and accessibility. Despite these legal provisions, women's freedom over their bodies, especially their reproductive rights, remains challenged. These rights encompass not only control over their bodies but also aspects like healthcare, family planning, terminate a pregnancy, use contraceptives and the privacy of their own bodies. The relationship between a woman's socioeconomic status and her ability to exercise reproductive rights, and the constitutional obligation to address socioeconomic disparities in the context of reproductive healthcare. The need of reform in the Laws & Acts according to modern lifestyle of women is needed. To understand & to take care the women’s view while making any laws for them should be given priority to safeguard women from physical and sexual abuse. This research aims to address at focusing on the constitutional aspects and delving into how sexual crimes against women erode their reproductive rights.


Keywords: Indian Constitution, Reproductive Rights, Right to Privacy, Sexual Abuse.



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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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.

 

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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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