DELINEATING THE BOUNDARIES OF REPRODUCTIVE RIGHTS OF WOMEN

ABSTRACT:
AUTHORED BY - NEETHU M
Assistant Professor
VELS University, Chennai
Reproductive rights, encompassing the right to access contraception, abortion, and maternal
healthcare, are a critical aspect of bodily autonomy and gender justice. In India, these rights
are embedded within a complex legal, cultural, and political framework. While the Indian
Constitution does not explicitly recognize reproductive rights, the judiciary has played a pivotal
role in interpreting Article 21 — the right to life and personal liberty — to progressively include
elements of reproductive autonomy. This paper examines the evolution of reproductive rights
jurisprudence in India, with a specific focus on the role of Indian courts in shaping and
safeguarding these rights.
The study traces landmark judgments from the Supreme Court and various High Courts to
analyse how the judiciary has responded to issues such as forced sterilizations, access to safe
abortions, reproductive healthcare for marginalized communities, and the rights of minors and
rape survivors. Key cases such as Suchita Srivastava v. Chandigarh Administration (2009),
Justice K.S. Puttaswamy v. Union of India (2017), and more recent decisions under the Medical
Termination of Pregnancy (MTP) Act provide critical insights into how courts have recognized
reproductive choices as intrinsic to the right to privacy and dignity.
By engaging with both legal texts and judicial decisions, this paper aims to offer a
comprehensive account of the reproductive rights landscape in India through the lens of the
judiciary. It concludes with recommendations for strengthening judicial approaches, promoting
reproductive justice, and aligning legal interpretations with international human rights
standards. Ultimately, the paper contends that reproductive rights in India remain a contested
terrain, where courts have immense potential to advance gender equity, provided they adopt a
more inclusive and rights-affirming approach.