Reproductive Rights In India

INTRODUCTION

The word “RIGHTS” which mean the fundamental , or basic need of every human being  and for the every citizen in country. As well as the right is equal to both men and women.   But this “REPRODUCTIVE RIGHTS” which is only to the women as a fundamental rights to make decision about their bodies and reproductive health. It is the mixed subject which both have law and medical health of women “.The WHO (world health organisation) which recognised that these rights are basic rights of every couples and individuals to decide freely and responsibility 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. The Indian constitution and law are give the freedom of liberty to women to take decision in their reproductive rights.

The reproductive rights are very new to india ,the history says no rights to women in ancient days , so there is no rights to women in ancient days so the women are treated like a sex worker in their own home by their husbands so the number of children are increased in the india . But in day todays life the women have the rights to choice there child birth and spacing of child and time.But women also face some problem in the decision of there rights.

REPRODUCTIVE RIGHTS UNDER CONSTITUTION

The constitution of india has the several rights to women such as right to equality and non-discrimation (Article 14 and Article 15). Article 21 which mean Right life and personal liberty, which including right to reproductive health, which also include legal abortion also.

THERE ALSO THE OTHER LAWS WHICH IS TO SAFEGUARD THE WOMEN AND CHILDREN THEY ARE:

[1]MEDICAL TERMINATION OF PREGNANCY  ACT,1971

This medical termination of pregnancy  Act,1971 was drafted in tune with the abortion Act of 1971 of the united kingdom. The legislative intent behind passing of this law was to provide a qualified “Right to abortion” and the termination of pregnancy whwhich has been recognized as a normal for expecting mothers.

OBJECT OF THE ACT:

To provide for the termination of certain pregnancies by register medical practitioners and for matters connected therewith or incidental thereto.

GROUNDS TO TERMINATION OF PREGNANCIES:

These grounds to termination of pregnancies are said in the section 3 of MTP ACT,1971.

1. A risk to life of the pregnant woman [2] ; or a risk of grave injury to her physical or mental health; or.
2. If the pregnancy is caused by rape[3]; or
3. There exists a substantial risk that, if the child were born, it would suffer from some physical or mental abnormalities so as handicapped, or Failure of any device or method used by the married couple for the purpose of limiting the number of children; or Risk to the health of the pregnant woman by reason of her actual or reasonably foreseeable environmental.

An important characteristic of this Act that it does not allow termination of pregnancy after twenty weeks.

The validity of the Act was challenged before the high court of Rajasthan in case of NAND KISHORE SHARMA V. UNION OF INDIA. The petition alleged that section(3)(2)(a) and (b) and the explanation 1 and 2 to section 3 of this Act were unethical and violation of Article 21 of the constitution of India. But court took the ambivalent view and held that the MTP Act was in consonance with Article 21 of the Indian Constitution as its predominant object was to save the life of pregnant ladies, to forestall any injury to their physical or psychological wellness, to forestall potential hindrances in the child to be born.

 The early India did not know about reproductive right, in later 1994 the (ICPD) International conference of population Development said about that the global community has to move forward to women reproductive rights.

After the effects of this conference in India in 2009 the SUPREME COURT OF INDIA   in Suchitra Srivastava,issued  is a landmark declaration  that the “women had rights to make decision of the reproductive choice .Article 21of Indian constitution said the reproductive rights are the include “privacy ,dignity ,and bodily integrity”, as well as the same judgement has followed in the LAXMI MANDAL  CASE which says the first case in the world which hold that mortality is a violation of human rights.

MTP ACT RECENT AMEDMENT,2021:

This amendment is based on legal abortion to mother as well as safe and healthy. The key point of amendment is;

Increasing the gestation limit for termination of pregnancy to 24 weeks for certain categories of women and requiring the opinion of two registered medical practitioner (RMPs) for termination between 20 and 24 weeks.

Additionally, the amendment stated that state level medical board of terminations after24 weeks in case of substantial fetal abnormalities.

The name and the particular of the woman shall not be revealed expect to a person authorised in any law that is currently in forces.

CHALLENGES IN THE INDIA IN ABORTION

1. According to UNICEF[4] India and world Bank data, India count among the highest number of maternal deaths worldwide majorly in India that maternal death witness 45,000 in every year
2. The unsafe abortion in India which the abortion done by local people who had not have any medical degree (in rural area). Only 22%of abortion done in licensed hospitals.
3. Fear about abortion due to the society (PARTICULARLY IN UNMARREIED PREGNANCY, BY RAPE).

Doctors refuse to perform abortions on young women or they demand the to get consent from there parents and each spouse, this was the main reason why women set down in to illegal and unsafe abortion.

IN NAVTEJ JOHAR JUDGEMENT[5] the court held that women had the right to sexual autonomy which is lead to personal liberty.

THE PUTTASWAMY JUGDEMENT[6] also marked as same as reproductive rights are constitutional rights said inArticle21.

PRE-NATAL DIAGNOSTIC TECHNIQUES (PCPNDT)ACT

The Act was enacted in 1994 and amendment in 2003this Act avoid the sex selective eliminations.

AIM OF THE ACT:

The main aim of the Act to ban the use of sex selecting method in hospitals before the delivery and it become reason for illegal abortion.

This Act prevent the life of girl children in the mother womb which leads to illegal abortions for girls in olden days.

JUDICIARY RECUSE IN INTERNATIOAL CASE:

In recent days the US SUPREME COURT ‘s draught decision in Dobbs v. Jackson women’s health organisations case.

PLANNED PARENTHOOD V. CASEY(1992) and ROE V.WADE (1973), which stated that the right to abortion ,are reversed in draught opinion, the apex court of united states significant ruling in 1973 ,two years after India legalised abortion, recognised for the first time that the constitutional right to privacy is not so shallow  that it does not even grant women the autonomy to decide the termination of her pregnancy.

GOVERNMENT SCHEMES TO PROMOTE REPRODUCTIVE RIGHTS:

The reproductive rights by improving access to maternal health care, safe abortion,  family planning by the instruction of each state government and as well as central government. They are;

1. Pradhan Mantri Suraks hit Martita Abhiyan (PMSMA)
2. Janani Suraksha yojana (JSY)
3. Pradhan Mantri Matru Vandana Yojana (PMMVY)

These are the some of the family planning schemes and safe abortion schemes  implemented by Indian government.

CONCLUSION:

As in future the reproductive rights are become more important rights in India. Still some women in rural India don’t know about the reproductive rights so, there was recent research by Indian government in 2018 is “it is estimated that in India 77% of unintended pregnancies end in abortion, while only 22% of abortion were considered safe Approximately, 8% of maternal morality was attributed to unsafe abortions in 2018. In Chhattisgarh state where majority of rural population are tribal, illiterate, living in difficult area which can not be reached by government ,which are unaware of abortion rights and women rights and only dependent on herbs ,quacks, due to unavailability of hospitals and medical practitioners the people suffered a lot problems as well as many state in India suffers the same  the each state government has to must take proper measure to safeguard the tribe women pregnancy.

As same as the unwanted pregnancy also has to avoided by the government by family planning and also to avoid child marriage and child rape these two are punishable by Indian government the pregnancy of these two are may legal abortion as the age and medical condition of the child(women).

In future India as the full and strong law about reproductive rights and awareness to people about reproductive rights.

REFERENCES:

1. https://www.ijrcog.org
2. https://www.tscld.com ‘reproductive rights of Indian constitution’ 2020
3. https://www.verfassungsblog.de
4. https://indiancode.com
5. https://india.unfpa.org
6. https://indiankanoon.org
7. Navtej Sing Johar v union of Indian (2018)

[1] https://www.indiacode.nic.in “The Medical Termination of Pregnancy Act 1971

[2] Section (3) of sub section2(1) of MTP ACT 1971

[3] Explanation 1 appended to section 3 of MTP ACT 1971

[4] UNICEF’S (gender equality sexual and reproductive rights);

[5] NAVTEJ JOHAR v union of India

[6] PUTTASWAMY v union of India & others (2017) AIR2017 AC4161