Published on: 28th October 2025
Authored by: Nivya Lohiya
Nirma University
ABSTRACT
This article examines the changing landscape of reproductive rights in India, highlighting key legal frameworks like the Medical Termination of Pregnancy Act and the PCPNDT Act. It discusses significant Supreme Court rulings that recognize reproductive autonomy and privacy as fundamental rights. Despite these advancements, challenges such as patriarchy, class disparities, and inadequate healthcare persist, particularly impacting marginalized groups like unmarried women, LGBTQ+ individuals, and those in rural areas. The article advocates for legal reforms, enhanced public healthcare, and social awareness to promote reproductive justice as vital to gender equality and dignity. It concludes with recommendations to ensure reproductive autonomy for all in India.
INTRODUCTION
The International Conference on Population and Development (ICPD) held in Cairo in 1994, marked a significant milestone in the development of measures addressing human reproduction and health. It marked a significant transition from the approach in which women were treated as objects and instruments of population control and the implementation of well-being policies to a genuine concern for matters relating to women’s empowerment and their autonomy regarding their sexual and reproductive health within their social, economic, and political contexts.
The Programme of Action adopted at the ICPD defines reproductive health as “a state of complete physical, mental and social well-being in all matters related to the reproductive system,” which “implies that people can have a satisfying and safe sex life and that they can reproduce and the freedom to decide if, when and how often to do so.”
Even though India was one of the first countries in the world to guarantee reproductive rights to its women citizens persistent barriers continue to exist including poor quality of health services, denial of women’s decision-making authority and inefficient laws and policies in addition to many more. Human rights experts and bodies have urged the Government of India to initiate required measures because of the violation of women’s rights arising from reproductive rights issues as well as disparities in access to reproductive health care.
This article critically examines India’s legal and judicial approach to reproductive rights, analysing key statutes and landmark rulings, while highlighting the gap between legal recognition and real-world access. It further explores social and structural barriers to reproductive healthcare and proposes reforms to promote a more inclusive and rights-based framework.
HISTORICAL BACKGROUND AND EVOLUTION OF REPRODUCTIVE RIGHTS OF WOMEN
Women’s rights have evolved over time from being tied to spiritual and social norms in the ancient and medieval eras to being an essential human right in the modern era, encompassing gender equality and autonomy over their own bodies.
In historical India the concept of reproductive rights did not exist and the role of women was reduced to motherhood, wherein they were expected to primarily produce male offspring due to rigid patriarchy and inheritance norms. While in Medieval India women’s rights continued to be defined by rigid social norms and religious doctrines with infanticide becoming a common practice due to deep-rooted gender biases.
The post-independence era saw significant advancements in the recognition of reproductive rights globally with the introduction of the Medical Termination of Pregnancy (MTP) Act of 1971legalizing abortion under certain conditions. However implementation challenges and social stigma continued to limit its effectiveness. Additionally women’s reproductive autonomy was enhanced with the introduction of the contraceptive pill, which gave women unprecedented control over their reproductive lives.
India also became a signatory to various international conventions which includes the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) all of which acknowledged reproductive rights.
CONSTITUTIONAL BACKDROP OF REPRODUCTIVE RIGHTS IN INDIA
Following India’s independence in 1947, a significant shift occurred in the legal and social frameworks surrounding women’s reproductive rights. The nation aimed to establish its identity by balancing traditional values with modern principles of justice, equality, and individual rights. Women started to gain recognition as key figures in legal and political reform, marking a pivotal moment in the development of reproductive rights in post-colonial India.
The Indian Constitution, through its fundamental rights and directive principles, offers a robust framework for the recognition and protection of women’s reproductive rights. Though not explicitly codified as reproductive rights comprising the right to access contraception, safe abortion, maternal healthcare, and bodily autonomy are now understood to be intrinsic to the broader constitutional guarantees of equality, dignity, and liberty.
Article 21 of the Indian Constitution provides for Right to Life and Personal Liberty. The Supreme Court over the period of time has expanded the scope of Article 21 by recognising broader variety of rights through various landmark judgements. As a result, reproductive rights have also been recognized under this ambit, encompassing rights such as the right to abortion, the right to health, the right to have access to contraceptive measures, among others.
Right to make Reproductive choices is also a dimension of ‘personal liberty’ as provided under Article 21. The court recognized that the reproductive choice can be exercised to procreate as well as to abstain from procreating. A woman’s privacy, dignity and bodily integrity should be respected, which means that women should have autonomy in exercising reproductive choices such as woman’s right to refuse participation in sexual activity or the right to insist on the use of contraceptive measures.
In India, the Right to Privacy was declared fundamental to life and liberty by the landmark judgment in Justice K.S. Puttaswamy (Retd) v. Union of India. The Right to Privacy is encompassed within the golden triangle of Articles 14, 19, and 21 of the Constitution of India, 1950. The Hon’ble Supreme Court ruled that the Right to Privacy is a natural extension of an individual’s entitlement to their personality. Reproductive rights are also recognized as inherent to the right to privacy. The nine-judge bench unanimously affirmed that bodily, mental, and decisional autonomy fall under the umbrella of privacy.
The Right to Equality is enshrined under Article 14 of the Constitution of India. The Right to equality and the Right to make informed decisions about one’s reproductive health are intertwined. Denying a woman the right to make crucial choices about when and how to bear children undermines her autonomy and erodes her status as an equal individual. This not only affects her ability to thrive in her life but also impacts her family and community.
Article 14 also ensures that every woman has equal access to reproductive healthcare facilities, free from discrimination based on socio-economic differences. This right also protects the equal status of women in the availability of contraceptives and abortion measures, irrespective of the social and physical setting in which she is situated.
Article 15(3) empowers the state to make special provisions for the advancement of marginalised women and children. In this regard several important laws have been enacted to govern and protect reproductive rights. These include the Medical Termination of Pregnancy Act ,1971, the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, the Surrogacy (Regulation) Act 2021, the Prohibition of Child Marriage Act ,2005, and the Maternity Benefit Act, 1961 among others.
Article 47 of the Constitution of India enshrines the duty of the state to raise the level of nutrition, the standard of living of its people and to improve public health. Restrictions on access to reproductive healthcare services, including contraception, prenatal care, and safe abortion contribute significantly to maternal morbidity, unwanted pregnancies and unsafe abortion practices.
Article 51 (c) of the Constitution directs the state to foster respect for international law and treaty obligations, thereby imposing a constitutional obligation to align with these covenants and treaties. Article 253 empowers Parliament to legislate for the entire country to implement International treaties and decisions made at global forums. Together, these provisions ensure that the reproductive rights, widely recognised at the international level, are accessible to women in India.
STATUTORY FRAMEWORK GOVERNING REPRODUCTIVE RIGHTS
India’s framework for reproductive rights is supported by important laws that implement the constitutional guarantees found in Article 21. Key legislations include the Medical Termination of Pregnancy Act of 1971 (amended in 2021 and proposed for further amendment in 2023), the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act of 1994, and the Surrogacy (Regulation) Act of 2021. These laws aim to protect women’s autonomy, ensure ethical medical practices, and address social issues such as sex selection and exploitation.
The Medical Termination of Pregnancy Act of 1971 was enacted to provide a qualified ‘right to abortion’ and to permit the termination of certain pregnancies by registered medical practitioners. Under Section 3, pregnancy may be terminated under specific conditions, such as when there is a risk to the life of the pregnant woman, grave injury to her physical or mental health, pregnancies resulting from rape, a substantial risk of the child being born with serious physical or mental abnormalities, or failure of contraception. These terminations are allowed up to 20 weeks of gestation, requiring the opinion of one registered medical practitioner for pregnancies up to 12 weeks and the opinions of two practitioners for pregnancies between 12 and 20 weeks.
However, the Act does not give an explicit right to abortion and places the decision-making authority in the hands of medical professionals. The law also lacks clarity in defining critical terms like grave injury, mental health, and abortion, leading to inconsistencies in interpretation. Moreover, many foetal abnormalities are not detectable before 20 weeks, creating a barrier for pregnant individuals who may be compelled to carry high-risk pregnancies to term.
Recognizing these limitations, the Medical Termination of Pregnancy (Amendment) Act, 2021 extended the gestation limit to 24 weeks for certain vulnerable categories, such as survivors of rape, incest, and minors. It also permitted abortion beyond 24 weeks in cases of severe foetal abnormalities, subject to approval by a Medical Board constituted by the state. However, the law still does not prioritize the pregnant person’s autonomy, as decisions ultimately lie with doctors and boards rather than the individual. Moreover, there is no established timeline for Medical Boards to issue approvals, often resulting in harmful delays.
In 2023, the MTP (Amendment) Bill, 2023 was introduced to liberalize access to abortion services further. One of its key proposals was to allow all women regardless of marital status to terminate pregnancies resulting from contraceptive failure, thus removing the existing discrimination between married and unmarried women. It also sought to establish a time-bound mechanism for Medical Boards to ensure quicker decisions on abortion requests beyond 24 weeks. Furthermore, the Bill proposed that a woman’s opinion alone should be sufficient to access abortion services up to a certain gestational limit, thereby placing greater emphasis on bodily autonomy.
Despite these progressive changes proposed in the 2023 Bill, it remains pending in Parliament and has not yet been enacted into law. If passed, the Bill would fill significant legal and procedural gaps by recognizing reproductive rights more affirmatively and strengthening the framework for safe, timely, and accessible abortions in India.
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 was introduced to prohibit the misuse of diagnostic techniques for sex determination before or after conception. It criminalizes both the conduct and advertisement of sex determination tests, and strictly bans prenatal diagnostic techniques when used for identifying the sex of the foetus rather than detecting genetic or metabolic disorders. Significantly Section 24 of the Act introduces a presumption of compulsion, stating that if a woman undergoes a prohibited test it shall be presumed that her husband or relatives compelled her to do so unless proven otherwise making them liable for abetment.
By outlawing sex-selective abortions and reinforcing the right of a woman to carry a pregnancy irrespective of foetal sex, the PCPNDT Act aligns with the constitutional vision of gender equality and upholds the dignity of unborn female children.
The Surrogacy (Regulation) Act, 2021 was enacted to regulate the practice of surrogacy in India and to prevent its commercial exploitation. The Act permits only altruistic surrogacy, where the surrogate mother receives no monetary compensation other than medical expenses and insurance. Under Sections 4 and 5, surrogacy is allowed only for Indian heterosexual married couples with proven infertility and a minimum of five years of marriage. Additionally, the woman must be aged between 23 to 50 years, and the man between 26 to 55 years. The surrogate must be a close relative, married, and should have at least one biological child.
The Act prohibits commercial surrogacy, surrogacy for foreigners, NRIs, LGBTQ+ individuals, and single parents, which has drawn criticism for being exclusionary and violating the principles of equality and reproductive autonomy enshrined in Articles 14 and 21 of the Constitution. Furthermore, the Act mandates the constitution of National and State Surrogacy Boards to oversee implementation and ensure ethical practices. While the Act aims to protect surrogate mothers from exploitation, its restrictive provisions have raised concerns over reinforcing heteronormative biases and denying equal reproductive choices to non-traditional families.
JUDICIAL INTERPRETATION AND PROGRESSIVE JURISPRUDENCE
The right to reproductive autonomy, though not expressly mentioned in the Constitution, has been read into the right to life and personal liberty by Indian courts. Landmark decisions by the Supreme Court and various High Courts have not only recognized reproductive choice as a fundamental right but also emphasized the importance of bodily integrity, privacy, and human dignity. These judgments have bridged gaps in the law and addressed situations where legislative clarity was lacking or where outdated statutes failed to meet modern needs.
In the landmark case of Suchita Srivastava v. Chandigarh Administration (2009) a woman with a mental disability became pregnant due to sexual assault while living in a government welfare institution. The Chandigarh Administration sought permission from the Punjab and Haryana High Court to terminate her pregnancy without her consent.
The Supreme Court later overturned this decision, asserting that the woman was not mentally ill under the Mental Health Act of 1987 and was capable of making her own reproductive choices. The Court upheld that the right to make reproductive decisions is part of personal liberty under Article 21 of the Constitution, emphasizing that any non-consensual abortion violates bodily integrity, dignity, and privacy.
In K.S. Puttaswamy v. Union of India (2017), the Supreme Court held that the right to privacy is a fundamental right under Article 21 of the Constitution. The judgment recognized privacy as essential to personal liberty and dignity, laying the foundation for reproductive rights as integral to the right to life. The Court highlighted that privacy includes making intimate decisions like contraception and abortion without state interference.
In X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi (2022) the Supreme Court permitted an unmarried woman to terminate her 24-week pregnancy, despite initial rejection based on her marital status. The Court emphasized that such distinctions violate Article 14 and Article 21 right to equality and life and personal liberty, affirming that reproductive choice is integral to personal autonomy for all women, including those who are unmarried.
Additionally, the judgment acknowledged marital rape regarding abortion under the MTP Act, stating that a woman’s reproductive autonomy includes the right to terminate a pregnancy from non-consensual sexual intercourse, highlighting a shift from the traditional focus on societal interests to individual rights..
Together, these two cases represent a jurisprudential transformation from state-regulated reproductive norms to a rights-based framework grounded in dignity, autonomy, and choice. They affirm that women’s control over their reproductive health is fundamental to gender justice and equality, and that any law or policy that restricts this right must be subjected to strict constitutional scrutiny.
PERSISTENT BARRIERS AND SOCIO-LEGAL REALITIES
Reproductive autonomy in India remains constrained by deep-rooted patriarchal, caste-based, religious, and institutional inequalities. In a predominantly patriarchal society, women’s bodies are treated as symbols of family honour and social control. This results in limited decision-making power over contraception, pressure to bear male children, and stigmatization of unmarried or divorced women seeking reproductive care. Human Rights Watch (2022) reported instances where women were denied contraceptives or coerced into sterilization particularly in states with aggressive population control policies.
Caste and class-based disparities further entrench this injustice. Marginalized communities such as Dalits, Adivasis, and poor rural women often face limited access to safe reproductive healthcare, a lack of informed consent, and exposure to coercive sterilization in unsafe conditions. Religion and conservative moral codes also restrict access to abortion and sexual education, particularly in Muslim, Christian, and tribal communities.
Additionally, India’s public health infrastructure remains inadequate. The rural–urban divide is evident in the lack of female professionals, a shortage of services, and cultural taboos. Data from NFHS-5 shows rural women are far more reliant on unsafe traditional practices due to poor access. Moreover, comprehensive Sexual and Reproductive Health Education (SRHE) is absent in most curricula, especially disadvantaging young girls. LGBTQ+ and disabled individuals remain invisible in public health policy, while rising privatization renders quality services unaffordable for many.
Finally, the absence of effective grievance redressal mechanisms means women often face bias or denial of services with little recourse. Reproductive justice in India, therefore, requires not only legal reform but also a systemic overhaul, inclusive education, and accountable healthcare delivery.
RECOMMENDATIONS AND WAY FORWARD
To effectively safeguard reproductive rights in India, it is imperative to explicitly recognize reproductive autonomy as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty. Such constitutional recognition should be reinforced through comprehensive legislation that affirms reproductive rights as intrinsic to privacy, dignity, and bodily autonomy.
A critical step is the amendment of the Medical Termination of Pregnancy (MTP) Act to reframe abortion as a rights-based decision rather than a conditional medical exception controlled by the state. This reform should remove arbitrary gestational limits, especially when the mental or physical health of the pregnant individual is at risk, in line with progressive laws in countries like South Africa and Colombia. Additionally, the law should allow self-managed abortion up to a reasonable gestational point, supported by telemedicine services as recommended by the World Health Organization.
Further, criminalizing marital rape is essential for legal consistency and to uphold bodily autonomy, as it currently remains unrecognized under Indian criminal law. This change will align abortion law with criminal law and ensure that all individuals have control over their reproductive choices free from coercion.
India should also pass a comprehensive Reproductive Justice Bill that explicitly includes protections for unmarried women, LGBTQ+ individuals, persons with disabilities, sex workers, refugees, and religious minorities. This bill should enforce informed consent protocols, strong anti-coercion measures, and ensure equitable access to reproductive healthcare without discrimination.
On the healthcare front, expanding services in rural and remote areas through improved infrastructure, mobile clinics, and trained professionals is vital. Public health facilities must offer free or subsidized contraception and abortion services with strict confidentiality and non-discrimination policies. Training healthcare workers in gender sensitivity and human rights will improve the quality of care.
Education reforms are equally important. Comprehensive sexuality education (CSE) should be integrated into school curricula according to UNESCO standards, accompanied by nationwide awareness campaigns to reduce stigma related to contraception, abortion, and menstruation.
Finally, India should harmonize domestic laws with international standards by ratifying the Optional Protocol to CEDAW, and adopting best practices outlined in General Comment No. 22 (CESCR) and General Recommendation No. 24 (CEDAW). Adopting a reproductive justice framework ensures the protection of the right to have or not have children and to parent in safe, supportive environments for all, regardless of caste, class, gender, or identity.
CONCLUSION
Reproductive rights in India are a vital aspect of individual autonomy, dignity, and gender justice. Despite constitutional guarantees and progressive legislation, deep-rooted social norms, patriarchy, caste and class disparities, and gaps in healthcare infrastructure continue to restrict access to safe and equitable reproductive healthcare. Laws such as the Medical Termination of Pregnancy Act and the PC-PNDT Act provide a legal framework, but challenges remain in implementation and inclusivity, especially for unmarried women, LGBTQ+ individuals, and marginalized communities.
Comprehensive legal reforms are urgently needed to explicitly recognize reproductive rights as fundamental rights, remove gestational restrictions on abortion, and criminalize marital rape. Strengthening public healthcare infrastructure, ensuring gender-sensitive training for healthcare providers, and expanding access in rural areas are crucial for effective delivery of services.
Additionally, integrating comprehensive sexuality education and conducting widespread awareness campaigns can help dismantle stigma and empower individuals to make informed reproductive choices. Aligning India’s policies with international human rights standards and adopting a reproductive justice framework will ensure that reproductive freedom is not only a legal ideal but a lived reality for all.
Ultimately, safeguarding reproductive rights requires a multi-dimensional approach that addresses legal, social, economic, and cultural barriers, affirming the right of every person to decide freely and responsibly about their reproductive lives.
REFERENCES:
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[4] Constitution of India 1950, art 14, 15(3), 21, 47, 51(c), and 253.
[5] Justice K.S. Puttaswamy (Retd) v Union of India (2017) 10 SCC 1.
[6] Medical Termination of Pregnancy Act 1971.
[7] Medical Termination of Pregnancy (Amendment) Act 2021.
[8] Medical Termination of Pregnancy (Amendment) Bill 2023.
[9] Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994.
[10] Surrogacy ( Regulation ) Act 2021.
[11] Suchita Srivastava v Chandigarh Administration (2009) 9 SCC 1.
[12] X v Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi (2022) 10 SCC 292.
[13] Centre for Reproductive Rights, Reproductive Rights in Indian Courts (2020) https://reproductiverights.org/sites/default/files/documents/Reproductive-Rights-In-Indian-Courts.pdf
[14] TSCLD, ‘Reproductive Rights under the Indian Constitution’ (The Society for Constitutional Law and Discussion) https://www.tscld.com/reproductive-rights-under-the-indian-constitution
