My Uterus, My Opinion: Navigating Through Women’s

Reproductive Autonomy

 Debolina Roy, LL.M. Student, Department of Law, Aliah University, Kolkata

&
 Udisha Dutta, LL.M. Student, Department of Law, Aliah University, Kolkata

Abstract

Since the Cairo Conference on Population and Development in 1994, the human
rights movement evolved the notion of reproductive rights. Reproductive rights
include access to contraception, safe and legal abortion and, maternal healthcare,
which are intrinsic to the realization of gender equality and bodily autonomy. In the
Constitution, reproductive rights are safeguarded under Article 14 (Right to
Equality) and 21 (Right to Life and Personal Liberty) with the help of judicial
interpretations have progressively expanded the ambit of Article 21 by addressing
most landmark rulings such as Suchita Srivastava v. Chandigarh Administration
and Justice K.S. Puttaswamy v. Union of India. Despite these protection socio-legal
challenges persist, including inadequate healthcare measures and socio-cultural
stigmas. The Medical Termination of Pregnancy (Amendment) Act, 2021 along with
other legal frameworks represents a step forward to uphold the constitutional vision
of equality and liberty. Furthermore, this paper navigates through the reproductive
autonomy of women, and governments efforts to help and supporting women to
achieve the same.
Keywords: Reproductive Rights, Right to Life and Personal Liberty, Health,
Abortion, Maternal Benefits, Gender Equality, Family Planning.
I. Introduction:
“Is impossible to think about the welfare of the world unless the condition of women is
improved”
- Swami Vivekanand

Throughout history, women have grappled with the notion of reproductive

autonomy, questioning their rights over their own bodies, reproductive choices, and
healthcare. The desire for control over reproductive decisions, including the right to
conceive, give birth, and access safe abortion, has been a time-honoured concern or
thought for women. As the discourse on women's rights has evolved, the importance
of reproductive rights, including sexual rights, bodily autonomy, and access to
healthcare, has become increasingly recognized. In contemporary times, these rights
are no longer seen as aspirational but as fundamental and essential for women's
health, well-being, and survival. Women, globally, often find themselves under the
power of male authoritarian figures, which severely limits their personal freedoms.
Rights to reproductive and sexual health comes under the right to life. Reproductive
rights were first described in the 1968 Proclamation of Tehran, which states that
"parents have a basic human right to determine freely and responsibly the number
and spacing of their children". This document marked the beginning of reproductive
rights as a subset of human rights, will be discussed.

II. Definition and Meaning of Reproduction and Reproductive Rights Of

Women:
 Reproduction is the biological process by which living organisms produce
offsprings, for continuation of their species. It is a fundamental characteristic of
all life forms. In sexual reproduction, it involves the combination of genetic
material from a male and a female to create a life. Reproduction plays a vital
role in the survival and evolution of organism over time.

According to Merriam Webster’s Law Dictionary the term reproductive rights

includes the authority of the female to decide whether she wants to become
pregnant or not. Upendra Baxi worked on human rights law related to
reproductive rights within broader human rights frameworks. KD Gaur viewed
reproductive rights as fundamental human rights under the Constitution. His
interpretations were focused on judicial decisions that uphold women’s rights to
abortion, contraception, and viewing reproductive rights as essential to gender
equality and social justice.

III. Reproductive Rights are the part of Human Rights

1. Right to Reproductive Healthcare: Reproductive healthcare for women

encompasses a wide range of services and care that focus on their
reproductive health and well-being. It is essential for promoting women's
health, autonomy, and empowerment. Women have the right to access good
quality reproductive health care. Some key components of reproductive
healthcare for women:
 Family Planning: Access to contraceptive methods, counselling, and
education to enable women to plan their families and make informed
choices about their reproductive health
 Maternal Healthcare: Prenatal care, delivery services, and
postpartum care to ensure the health and well-being of mothers and
their babies.
  Menstrual Health: Education, awareness, and care related to
menstrual health, including management of menstrual disorders and
hygiene.
 Reproductive Health Education: Education and counselling on
reproductive health, including anatomy, physiology, and healthy
relationships, to empower women to make informed choices about
their bodies and lives.
2. Right to Bodily Autonomy and Choice: Women have the right to make
decisions about their own bodies, including reproductive choices, free from
coercion and discrimination. Women have the right to access reproductive
healthcare services with dignity and respect. They also have the right to
equal access to reproductive healthcare services, regardless of their
socioeconomic background or other factors.

3. Right to have Birth Control Measures: Right to have birth control

measures is an important aspect of reproductive autonomy. It states that there
shall not to be any interference by the state or by any person in regarding
reproduction. The method of birth control must be decided and chose by a
woman freely. This implies that there ought not to be any restriction on the
contraceptive decisions of a woman. There are two terms used
simultaneously for this right, one is the birth control and another is family
planning. It is important to get that Birth Control, is an individual choice of
woman to control her fertility and a couple's endeavour to decide family size,
while family planning is the public authority/States' endeavour to restrict the
number of its residents. Women, therefore, have a fundamental right to
decide if and when to have children, and access to the information. Women's
right to control their fertility, health and lives cannot be robbed.

4. Right to Choose the Method of Child Birth: The right to Reproductive

autonomy is wide enough to incorporate pregnant women's option to deny
clinical treatment and to choose whether to go for a caesarean section or a
normal delivery. Medical professionals cannot force a woman to go through
 a specific method of labour unless there are any health complications. While
pregnancy extends the individual obligations of a woman it doesn't decline
her will to choose the method of Child delivery. Recently it was observed
that caesarean sections or C-Section births were given more impetus due to
the financial gains of the medical professionals. The caesarean section
should only be used in complicated pregnancies, according to the guidelines
laid down by the World Health Organization (WHO).

5. Right to Safe and Legal Abortion: This is also a fundamental aspect of

reproductive rights, empowering women to make autonomous decisions
about their own bodies, health, and futures. This right acknowledges that
women have the capacity to determine whether to carry a pregnancy to term
or terminate it, free from coercion, judgment, or restriction. Access to safe
and legal abortion services not only protects women's physical and mental
health but also upholds dignity, and self-determination. Moreover, safe and
legal abortion services play a critical role in reducing maternal mortality and
morbidity associated with unsafe abortions, thereby contributing to public
health and human rights. Ultimately, the right to safe and legal abortion is a
cornerstone of women's rights, and its protection and promotion are crucial
for advancing gender equality and human dignity. By upholding this right,
governments and societies can support women's empowerment and foster a
more just and equitable world.

6. Right to Decide Number and Spacing between the Children: One of the
key aspects of reproductive autonomy is the freedom to decide how many
numbers of children she wants to have and when to have them. The ability to
choose motherhood is increasing and it is a fundamental part of private and
family life, allowing women to determine whether, when, and how often to
have children—free from government, society, interference, control, or
coercion. As these decisions are considered private matters between
consenting partners, not subject to governmental or third-party intervention.
 Women have the right to protect their reproductive health by choosing
whether and when to become pregnant. While governments may encourage
certain reproductive choices through incentives, they are not permitted to use
coercive tactics, such as punishments or actions that negatively affect
individuals' quality of life.

7. Right to Maternity Leave: In India, the right to maternity leave is protected

by law to enable and support women during pregnancy, childbirth, and early
childcare. The primary legislation, the Maternity Benefit Act, 1961 (amended
in 2017), enumerates that women working in establishments with 10 or more
employees are entitled to 26 weeks of paid leave for the first two children,
and 12 weeks for subsequent births, provided they have worked for at least
80 days in the past year. Also, surrogate and adoptive mothers are also
granted 12 weeks of leave if the child is under three months old. The law
secures job protection during the leave period and mandates full wage
payment. Employers with 50 or more employees must also provide crèche
facilities. Even under the Employees’ State Insurance Act, women earning
₹21,000 or less per month are entitled to maternity benefits, including
medical care. In a significant ruling in May 2025, the Supreme Court
declared maternity leave as a constitutional right, applicable even for a third
child as well, thereby emphasizing its connection to dignity and social
justice. Despite strong legal provisions, however, many women remain
outside the reach of these benefits due to limited coverage and inconsistent
execution and implementation in real life scenarios.

8. Incarceration and Reproductive Rights: Recently, Supreme Court of India

held that right to procreate is a subset of Article 21. The Hon’ble Court
observed that Article 21 safeguards right to life and personal liberty and this
right is not entirely nullified due to incarceration. Though a convict’s
personal liberty must be relinquished for the State’s penological interests and
to abide by the rule of law, still the convict cannot be deprived of the
 protection ensured by Article 21, which includes, the right to have a child
under peculiar circumstances. The Court laid down that convicts' right to
procreate and right to parenthood comes under the ambit of Article 21 of our
Indian Constitution especially in such cases where the incarcerated
individual has no biological offspring. To facilitate this parole can be granted
subject to certain limitations. In Jasvir Singh v. State of Punjab, the
Hon’ble Punjab & Haryana High Court held that the right to procreate in
case of incarcerated individual falls under the ambit of Article 21.

9. Women Prisoners and child birth: The National Model Prison Manual
outlines specific provisions to support pregnant prisoners and ensure the
well-being of both mother and child. It mandates the temporary release of an
inmate for childbirth, allowing delivery to take place in a hospital outside the
prison. For casual offenders, the manual recommends suspension of the
sentence during pregnancy. Courts should also be informed of the prisoners’
condition to consider granting bail or altering the terms of detention. To
protect the child from social stigma, the place of birth must not be recorded
as the prison. In R.D. Upadhyaya vs. State of Andhra Pradesh, Court said
that children born out to women prisoner during period of sentence should
not be mentioned prison as birthplace of that child. Pregnant and nursing
inmates must receive a special nutritional diet, and mothers in the postnatal
period should be provided with a separate, hygienic space for themselves
and their newborns. Additionally, proper health and dietary guidance should
be offered to both pregnant and lactating prisoners. The manual also
emphasizes that inmates who experience a miscarriage or undergo an
abortion must receive appropriate medical care and support.

10. Right of bedding during menstrual cycle or pregnancy: Menstrual cycle

or pregnancy is the natural gift of woman. So, it is the duty of State to
provide proper hygiene and health which needs to be protected during the
 same. Hence woman prisoner has right of proper bedding with wholesome
environment and supply of sanitary napkin during menstruation.

IV. Legal Frameworks provided for the safeguards of Reproductive Rights

For the protection of Women's reproductive rights, India has made significant moves
in establishing a legal framework. Right from the Constitution of India to landmark
legislations such as the Medical Termination of Pregnancy Act, 1971, along with
other remarkable legal frameworks which addressed specific aspects of reproductive
rights, are discussed as follows: -

 The Medical Termination of Pregnancy Act, 1971: ‘Abortion or termination

of pregnancy’, as defined by Oxford Dictionaries, is "the deliberate
termination of a human pregnancy, most often performed during the first 28
weeks." The Medical Termination of Pregnancy Act, 1971 was drafted after
being inspired by the Abortion Act of 1967 of United Kingdom. The
legislative intent of this statute was to provide recognition to the 'right to
abortion' and the termination of pregnancy as a normal recourse for
expecting mothers. The object behind enacting the Act of 1971 was set out in
its preamble, which provides for the termination of certain pregnancies by
registered medical practitioners and for matters connected therewith or
incidental thereto. The Act expressly laid down the cases where the
termination of pregnancy would be permitted. Section 3 of the MTP Act
provides the conditions on which a pregnancy would be terminated can be
condensed as follows:
 A licensed health professional who terminates a pregnancy in accordance
with the law should not be held in violation of any crime listed in the
 Indian Penal Code, 1860, or any other legislation at the time of the
medical procedure;
 Where the gestational period has not lasted longer than 12 weeks;
 Where the length and duration of the pregnancy has exceeded 12 weeks
but not 20 weeks. The same should be decided on a case-to-case basis by
the authentic assessments of the two doctors;
 When there is a probability that the unborn child will have poor
physiological and mental health and may also be disabled;
 Any girl under 18 who is mentally unwell or insane cannot have an
abortion without guardian or parental consent;
 A woman's health will be in danger if the pregnancy continues.

There are further some other conditions under which the child can be
aborted medically. These conditions are: Firstly, as stated under Section
3(2)(b) of the Medical Termination of Pregnancy Act, 1971, termination of
pregnancy is allowed till the 20th week and not more than that. Secondly,
as per Section 3(2)(b)(ii) of the Medical Termination of Pregnancy Act,
1971, there is a significant chance that the foetus, if it were to be
delivered, would be severely handicapped due to physiological or mental
defects. In this case, the pregnancy can be medically terminated. However,
there are several tests that are performed in the 20th week of pregnancy to
detect the abnormality of the foetus, and such abnormality is confirmed
only after the completion of 20 weeks of the gestation period. In case of K
S Puttaswamy v. Union of India (2018) the Supreme Court of India
acknowledged the fundamental right of women under Article 21 of the
Constitution of India to make choices regarding the production of children
in this landmark judgement. Therefore, termination of pregnancy also
comes under the ambit of 'personal liberty' as enumerated under Article 21
of the Constitution of India. Similarly, the Medical Termination Act of
1971 also recognizes abortion as a legal right. Again, in Suchita
Shrivastava v. Chandigarh Administration (2009) the Supreme Court
held rights related to reproduction, which include the rights of women to
 give birth, raise children, as well as carry a pregnancy to its full term or
terminate it are all basic components of the privacy, integrity, and dignity
of a woman, as enshrined under Article 21 of the Indian Constitution.

 Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex-

Selection) Act, 2003: India has a long history of female infanticide. The
object of this Act is to prevent the misuse of the technologies used in pre-
conception and pre-natal care, which in India are used to determine the sex
of a foetus. Thus, the abortions made on basis of gender are made illegal
through this Act. Pre Birth determination of sex with purpose of identifying
the gender of is an offence and nobody can compel a pregnant woman to
undergo such tests. No person is allowed to advertise to do pre-birth sex
determination or abortion just for the aim of female foeticide. Under this Act
it is to be presumed that the pregnant woman was compelled to undergo such
a test by husband or any other relative and such person shall be liable for the
abetment of the offence, unless contrary is proved. It supports the right to
have a child, regardless of gender. The Supreme Court of India has also
played a major role in enhancing this right of a pregnant woman to not to
abort a female foetus. In the landmark case, CEHAT v. Association of India,
the Supreme Court directed the Central Government to make public
awareness in sex identification and female foeticide, and to actualize
arrangements and rules of the PNDT Act with all power and enthusiasm.

 The Constitution of India: The Constitution of India enshrined

fundamental rights related to right to life and personal liberty under Article
21 which also includes reproductive rights, which has been interpreted by the
Supreme Court. This constitutional recognition establishes a foundation for
individuals, especially for women, to exercise their reproductive autonomy
without undue coercion and infringement from the state or by societal norms.
 Though the Constitution does not explicitly mention “reproductive rights,”
several provisions provide the legal framework for safeguarding individual
autonomy over reproductive decisions. Article 21, which guarantees the right
to life and personal liberty, serves as a vital pillar for reproductive rights.
The Supreme Court has interpreted this right to encompass the right to
bodily integrity and self-determination, made it a cornerstone for individuals
to exercise control over their reproductive health. This interpretation
upholds the right to access safe and legal abortion services, particularly in
cases where a woman’s life or health is at risk. Additionally, the
Constitution’s commitment to equality and non-discrimination, provided in
Articles 14, plays a crucial role and guarantees that reproductive rights are
accessible to all individuals, irrespective of their gender, caste, creed,
religion, or socioeconomic status. These provisions aim to prevent
discrimination in access to healthcare services, including those related to
reproductive health, and ensure that all individuals have equal opportunities
to exercise their reproductive rights. In a landmark judgment, the Indian
Supreme Court ruled that all women, regardless of marital status, have equal
access to safe and legal abortion up to 24 weeks of pregnancy. This decision,
in the case of X v. The Principal Secretary, Health and Family Welfare
Department, Govt. of NCT of Delhi & Anr. (2022), affirmed the right to
reproductive autonomy and privacy for all women. The court struck down
the previous discriminatory practice that limited abortion access for
unmarried women to 20 weeks.

 The Bharatiya Nyaya Sanhita,2023 : The Bharatiya Nyaya Sanhita (BNS)

addresses reproductive rights, particularly regarding causing miscarriage,
through Sections 88 to 92.

o Section 88 (Causing Miscarriage): This section punishes anyone who

voluntarily causes a woman to miscarry, except in cases where it's done in
 good faith to save her life. The punishment varies depending on the stage of
pregnancy; if the woman is not "quick with child" (near term), the
punishment is imprisonment up to three years, a fine, or both. If she is quick
with child, the punishment is imprisonment up to seven years and a fine.

o Section 89 (Causing Miscarriage Without Consent): This section

addresses situations where a miscarriage is caused without the woman's
consent, regardless of whether she is quick with child or not. The penalties
are more severe than those in Section 88.
o Section 90 (Death Caused by Act Done with Intent to Cause
Miscarriage): If the act to cause miscarriage leads to the death of the
pregnant woman, punishment is imprisonment up to 10 years and fine and if
done without her consent, the punishment increases to life imprisonment.

o Section 91(Act to Prevent Child Being Born Alive or to Cause Death

After Birth): Whoever before the birth of any child does any act with the
intention of thereby preventing that child from being born alive or causing it
to die after its birth, and does by such act prevent that child from being born
alive, or causes it to die after its birth, shall, if such act be not caused in good
faith for the purpose of saving the life of the mother, be punished with
imprisonment of either description for a term which may extend to ten years,
or with fine, or with both.

o Section 92: (Causing Death of Quick Unborn Child by Act Amounting to

Culpable Homicide): Whoever does any act under such circumstances, that
if he thereby caused death, he would be guilty of culpable homicide, and
does by such act cause the death of a quick unborn child, shall be punished
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. The context of the Bharatiya Nyaya
Sanhita (BNS), "quick with child" refers to the advanced stage of pregnancy,
specifically when the mother can feel the movements of the foetus. Imtiaz
 Ismail Shaikh vs State of Gujarat (2008) this case, while related to the
Indian Penal Code (IPC), which is replaced by BNS, is relevant as it
establishes that a person can be held liable for causing a miscarriage if they
terminated a pregnancy without the woman's consent.

 The Surrogacy (Regulation) Act, 2021: The Surrogacy (Regulation) Act,

2021, regulates surrogacy in India, banning commercial surrogacy and
permitting only altruistic arrangements. It mandates the establishment of
regulatory boards and sets guidelines for intended parents, surrogate
mothers, and surrogacy clinics. In the case of Baby Manji Yamada vs.
Union of India court established that the birth certificate of a child born
through surrogacy must reflect the genetic parents as the legal parents, not
the surrogate mother.

 The Maternity Benefit Act of 1961: Provides maternity leave and benefits
to women workers in certain establishments, regulating their employment
before and after childbirth. It ensures women have paid leave and protection
during pregnancy and postpartum recovery. In Dr. Kavita Yadav v. The
Secretary, Ministry of Health and Family Welfare Department & Ors. the
Supreme Court provided a detailed interpretation of the Maternity Benefit
Act, 1961 that Section 5(2) states that the employer “shall be liable to pay”
maternity benefits. The Court held that this imposes a mandatory legal
obligation on employers, irrespective of the nature of employment.

 CEDAW (Convention on the Elimination of all Forms of Discrimination

Against Women): This convention, adopted by the United Nations General
Assembly, guarantees women's rights to make informed choices about their
reproductive health, including access to family planning information and
services.
  UDHR (Universal Declaration of Human Rights): Gender Equality was
made part of international human rights law by the Universal Declaration of
Human Rights, which was adopted by the UN General Assembly on 10
December, 1948. Article 3 of the UDHR affirms the right to liberty and
security of person, which is relevant to reproductive autonomy.

 Beijing Platform for Action: This document, adopted at the Fourth World
Conference on Women in 1995, further reiterated the ICPD's shift towards
recognizing and protecting reproductive rights.

 ICCPR (International Covenant on Civil and Political rights): Article 19

of the International Covenant on Civil and Political Rights (ICCPR)
guarantees everyone the right to hold opinions without interference. While
this right is fundamental, it doesn't directly address reproductive rights.
However, it can be argued that this right to hold opinions, coupled with the
right to freedom of expression (Article 19, section 2), can be relevant to
reproductive rights in the context of public discourse and debate.

 ICESCR (International Covenant on Economic Social and Cultural

Rights): This mandates states to eliminate barriers such as financial
obstacles, stigma, lack of information, and discriminatory laws that restrict
women's control over reproductive choices. India also ratified the ICESCR in
1979, obligating it to progressively realize these rights, especially for
vulnerable populations.

V. CONCLUSION AND SUGGESTIONS

Despite such legal frameworks, access to reproductive healthcare remains limited in
India. Courts in India have adjudicated this right as a subset of Right to Life and
Personal Liberty. In Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors, the
Delhi High Court held that the right to life includes the reproductive rights of
women, which is inalienable survival rights forming part of the right to life. This
analysis reveals that India has made significant strides in addressing reproductive
rights, but more work is needed to fully realize and protect these rights. There lies
the plenty of hurdles like unawareness, educational backwardness, social taboos and
patriarchal mindset; which needs to be overcome in order to achieve success.
Continued efforts of advocacy, policy reform, public awareness and their proper
execution is mandatory to address socio-cultural barriers.