Reproductive Autonomy of Women in India: A Socio-legal Analysis

Abstract

Indian reality pertaining to pregnancy and reproductive justice is different as the traditional values, myths and patriarchal role assumed by the society paves way for undermining the decision-making capacity of the women within a family setup. They are considered subordinate to their male counterparts and are having less power in relationships due to many factors like economic, political, and socio-cultural status and at times, not in a position to protect themselves from gender-based violence. They are considered incapable to decide on their own even in a matter pertaining to their own reproductive choices. The concept of autonomy in healthcare in general has a full-fledged acceptance by the judiciary as it affects the bodily integrity of a person. Likewise, the same idea must be reiterated in the pregnancy decision making, as women are the sole person who undergoes the physical and mental transformation during the process. Women should therefore, have the right to choose when and under what circumstances they should bear a child. So, the interest of the woman is a determinant and she should be mentally prepared to conceive, continue the same and give birth to a child. There are various social and ethical factors that pose a hindrance to pregnancy decision making of women in India. Family and social pressure forms the key factor that knocks upon the decision-making capacity of women.