Z V. State of Bihar: Reproductive Autonomy and State Liability

Abstract

In this case note, I analyse the judgement of the Supreme Court of India in Z v. State of Bihar. I focus on the important contribution that the case makes in the context of reproductive health rights of women, and in particular, victims of rape. I argue that the case provides a foundation for further development of the law on various issues of reproductive rights and compensation jurisprudence for state failures in guaranteeing statutory and constitutional rights of women, including victims of rape. I further argue that the case also provides a framework for adjudication of cases in the criminal justice system, which involve pregnant women.