Assistant Professor at Shyambazar Law College, Kolkata, India
The right to women’s health encompasses several rights, including the sexual and reproductive rights of women, the right to life, the right to freedom from torture, the right to privacy and education, as well as the right against discrimination. Thus issues relating to this right are a matter of international as well as national concern wherein the nations have a duty to protect and promote this right. However, instances of frequent violations of the reproductive rights of women can be seen despite their constitutional as well as human rights obligations to the nations for their protection and upliftment. The article focuses on the reasons for the violation of the reproductive rights of women in India and its consequences on the reproductive health of women. A discussion is made about the various international instruments like CEDAW 1979, ICCPR 1966, and ICESCR 1966, to mention a few among others that depict the right to health of women as a human right and also include their right to make reproductive choices as well as the constitutional aspects of the right to health focusing on the reproductive right and health of women. An analysis of some of the judicial decisions in India on the right to make reproductive choices, like the Puttaswamy judgment, Suchita Srivastava v. Chandigarh Administration and other related cases, is also made. Some of the laws existing in India that allow women to exercise their reproductive rights and to undergo abortion, like the Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994 and the Medical Termination of Pregnancy Act 1971, are briefly discussed. Finally, a conclusive analysis is provided to understand whether in India the healthcare system has provided adequate facilities to protect the reproductive health of women and what loopholes, if any, exist in the system, concluding with suggestions that could help improve the situation.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 436 - 445DOI: https://doij.org/10.10000/IJLMH.114350
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