Principal, Pacific School of Law, Pacific University, Udaipur-313 001, Rajasthan, India
ABSTRACT The Right to Reproduction (RTR) is a fundamental human right that ensures individuals can make choices about family planning and reproductive health. Reproductive rights rest on the recognition of the primary right of all couples and persons to decide liberally and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the rights to attain the highest standard of sexual and reproductive health. They also include the right of all to make decisions regarding reproduction free. The struggle for women’s ‘reproductive rights’ has resulted in the right to contraception being conceded in many parts of the world, although women still lack easy access to affordable contraceptives which are free from side-effects. Yet even today, these services are denied to women in many other parts of the world. Despite its significance, RTR faces opposition rooted in morality, ethics, and religion, with some arguing that controlling birth contradicts natural human evolution. In India, ancient texts condemned abortion, equating it with immorality and violating principles like ahimsa. The right to abortion, recognized as fundamental, allows individuals to make choices about their bodies and health. Historically criminalized under the IPC, in 1860, abortion was legalized through the MTP Act, of 1971, addressing issues like maternal health and consent, while still grappling with societal and moral pressures surrounding women’s autonomy. India’s legal framework on abortion and contraception remains inadequate, failing to address women’s healthcare and reproductive rights. Despite laws against child marriage, high maternal deaths persist. The National Population Policy highlights contraceptive access, yet unsafe abortions contribute significantly to maternal mortality, undermining women’s autonomy and reproductive health. The right to abortion is essential for safeguarding women’s health, dignity, and autonomy. It enables informed decision-making regarding pregnancy and supports reproductive rights, including access to safe and legal abortion. The MTP Amendment Act, 2021, enhances these rights, promoting gender equality and addressing socioeconomic disparities. Legal abortion reduces unsafe procedures, fosters women’s control over their bodies, and improves public health outcomes. Thus, abortion laws play a vital role in advancing social justice and gender equality in society. Reproductive rights are recognized internationally as fundamental human rights, underscored by frameworks like the WHO constitution and CEDAW. In India, the right to abortion is increasingly acknowledged as part of a woman’s right to privacy and personal liberty, especially through landmark judgments such as Suchitra Srivastava v. Chandigarh Administration and K.S. Puttaswamy v. Union of India. Despite a robust legal framework, challenges remain, including maternal mortality, unsafe abortions, and inadequate access to reproductive healthcare. The Indian judiciary plays a crucial role in safeguarding these rights, with rulings affirming that reproductive autonomy is essential for women’s dignity and health. The Supreme Court has emphasized that decisions about pregnancy should reside with the woman, addressing societal and moral pressures that often hinder this autonomy. However, the unavailability of enforceable laws means that true reproductive rights remain elusive. Legislative reforms are essential to align with judicial interpretations, ensuring that women receive comprehensive healthcare, access to contraceptives, and protection against child marriage. For India to realize its commitment to reproductive rights, a rights-based legal framework must be established, empowering women to make informed choices about their bodies and future. The Right to Reproduction (RTR) is essential for empowering individuals in their reproductive health choices. While the MTP Act of 1971 marked significant progress by legalizing abortion, societal and moral pressures continue to impede women’s autonomy. The MTP Amendment Act of 2021 expanded access and acknowledged the rights of unmarried women, reflecting a positive shift. However, persistent stigma and complex ethical debates around autonomy versus foetal rights remain challenges. For true reproductive justice, India must dismantle societal barriers, ensure comprehensive healthcare, and recognize women's rights as fundamental, fostering an equitable society where every woman can exercise her autonomy and make informed choices.