Women’s Freedom to Reproductive Choices :
“No woman can call herself free who does not control her own body” said by Margaret Sanger. The journey of women’s emancipation has been remained dynamic and uneven for the ages. The social status of the women started to rise with the onset of modernisation attempts in the nineteenth century. However, the sexual and reproductive rights of women have come to be recognised in the few recent years.
Women’s Reproductive Rights:
Over the years, women have made great efforts in many areas with notable progress in reducing gender gaps. Yet realities of women and girls getting trafficked, maternal health, deaths related to abortion every year has remained the subjects to be contemplated attentively.
The right to reproductive choice refers that women have right to choose whether to reproduce or not, including the right to decide whether to carry or terminate unwanted pregnancy and the right to choose the preferred method of family planning and contraception.
Reproductive Rights aim to promote and protect human rights and gender equality as they relate to sexual and reproductive health by developing strategies and mechanisms for promoting gender equality. Curtailing the women’s right to reproductive choices questions the right to life and liberty under article 21 of the Indian Constitution and are violations of liberty, social justice and equality.
Cases related to Women’s Reproductive Rights:
- Roe v. Wade (1973):
The United States Constitution provides a fundamental “right to privacy” that protects a person’s right to choose whether to have an abortion. But the abortion right is not absolute. It must be balanced against the government’s interests in protecting health and prenatal life. This case made the abortion a legal process. But recently, the case was overturned by Dobbs v. Jackson Women’s Health Organization.
- Suchita Srivastava v. Chandigarh administration:
In this case it was held that consent is required to execute an abortion on a woman who has reached the age of majority and is not suffering from any mental disorder. The applicable statute expressly states that even if a woman is deemed to be mentally retarded, she must consent to the termination of pregnancy.
- Planned parenthood v. Cassey:
The Court rejected the trimester framework which restricted regulations on abortions in the early stages of pregnancy. It reaffirmed that a woman could choose to terminate her pregnancy before viability. However, even in the earliest stages of pregnancy, the State could enact laws to ensure that the woman’s decision was mature and informed. In the context of the spousal notification requirement, the Court held that the father’s interest in the unborn child did not outweigh the mother’s liberty and bodily integrity. Abortion regulations had a greater impact on the mother’s liberty than on the father.
4.KS Puttaswamy v. Union of India and others:
In this judgement the court recognized the constitutional right of women to make reproductive choices, as a part of personal liberty under Article 21 of the Indian Constitution.
Indian laws on Women’s Reproductive Rights:
Medical Termination of Pregnancy Act (2021):
In a historic move to provide universal access reproductive health services, India amended the MTP Act 1971 to further empower women by providing comprehensive abortion care to all. The new Medical Termination of Pregnancy (Amendment) Act 2021 expands the access to safe and legal abortion services.
The medical termination of pregnancy gave several rights to women to terminate pregnancy under the following conditions:
- When continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health.
- When there is substantial risk that the child, if born or dead would be seriously handicapped due to physical or mental abnormalities.
- When pregnancy is caused due to rape and caused grave injury to the mental health of the woman.
- When pregnancy is caused due to failure of contraceptives used by a married woman or her husband.
- The gestation period upper limit for terminating a pregnancy with 1 doctor’s opinion has been extended from 12 weeks to 20 weeks, with the rule being expanded to include unmarried women as well.
Conclusion:
The changes can be observed in the outlook of women’s condition. The time shows various major steps and actions have been taken to safeguard the women’s reproductive rights. But the issues related to reproductive choices of women still prevails in the society. There is very less decrement in the mortality rate due to pregnancy.
The government of respective countries need to come out with more policies and provisions regarding the reproductive rights and choices.
Author’s Name: Kashish Sahu
