Reproductive Rights In Indian Constitution: Empowering Choice, Ensuring Justice
- IJLLR Journal
- May 1
- 1 min read
Shalu Sharma, Ph.D. Research Scholar, Seedling School of Law and Governance, Jaipur National University, Jaipur
ABSTRACT
World Heath Day, 2025 celebrated on 7th April kick started a campaign on maternal and new-born baby’s health. The Campaign titled ‘Healthy Beginnings, Hopeful Future’ was initiated by the World Health Organization and its partners to support women everywhere physically and emotionally before, during and after birth. The health of mothers and babies is the foundation of healthy families and communities which ensures hopeful futures for all.1 This campaign once again brought global attention to the issue of woman’s reproductive rights. While the campaign emphasizes global health goals, this paper narrows its lens to India’s legal and constitutional framework surrounding maternal and reproductive rights.
This paper discusses the provisions of the Indian Constitution, which protects the Reproductive Rights of women in India and mandate the states to follow the international covenants aimed at protecting and promoting the Reproductive Rights. It also provides directives that requires the state to take explicit steps to ensure the health of the pregnant women and protect their decision-making regarding pregnancy. The Indian Judiciary has also declared Reproductive Rights as ‘Inalienable survival Rights’ under the umbrella of Right to Life and through various precedents protected the Reproductive Rights of women. A few of these landmark judgements are also discussed in this paper. By examining legal provisions and landmark judgments, this paper aims to evaluate how effectively India safeguards women’s reproductive choices in both letter and spirit.
Keywords: Reproductive Rights, Indian Constitution, International Covenants, Fundamental Rights, Directive Principles of State Policy, Right to Life.
