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Judicial Recognition of Reproductive Rights as Fundamental and Human Rights | |
Author Name Ratna Binodini Amiya Priyadarsini Das Abstract Numerous human rights, such as the right to life, the right to be free from torture, the right to health, the right to privacy, the right to education, and the right to be free from discrimination, are linked to women's reproductive rights. Discover the importance of acknowledging women's reproductive rights by reading this article. A key element of women’s human rights is reproductive rights, which include a variety of options and privileges pertaining to personal autonomy and reproductive health. Regarding domestic abuse against women, the Indian court, led by the Supreme Court of India, has shown a commendable example of judicial activism. Adultery, rape, dowry-related deaths, and physical or psychological abuse of the wife are all examples of domestic violence. These rights are essential for women’s well-being, equality, and empowerment. The States have obligations to respect, protect, and fulfill rights related to women’s sexual and reproductive health. Despite India being the forerunner in the world to come up with infrastructural and policy measures ensuring safe abortion and contraception, women continue to encounter obstacles in exercising their reproductive rights, including poor health services and dismissal of decision-making authority. It is a problem that encompasses reproductive rights, sexual health, family planning, and maternal health. Women are often made to face the weight of administrative delays. In one such example, a woman was prevented from having an abortion after 20 weeks, despite having requested one at 17 weeks. Furthermore, inconsistent judgments add to the general lack of clarity surrounding the conditions in which a woman may legitimately terminate her pregnancy. While a Supreme Court decision in 2019 enabled a woman from Mumbai to terminate her pregnancy at 24 weeks due to a fetal anomaly that would jeopardize her life, previous rulings have penalized women who seek abortions after the 20-week mark, even where medically proven problems existed. Like in early 2017, the apex court decided against a lady whose fetus had a down syndrome-diagnosed abortion at 26 weeks. She was forced to deliver the baby with severe brain disorders, all credit to India’s archaic abortion law. Additionally, discriminatory precepts like spousal consent being an informal but imperative condition to obtain reproductive health services implicitly or explicitly sabotage women’s reproductive autonomy. Legal protection of reproductive rights as human rights is essential for gender parity and gender equity. Published On : 2024-10-29 Article Download : |