Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

WOMEN’S REPRODUCTIVE AUTONOMY AS A HUMAN RIGHT: A CRITICAL ANALYSIS OF ABORTION LAWS IN INDIA

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Prerna Kumari (2026). WOMEN’S REPRODUCTIVE AUTONOMY AS A HUMAN RIGHT: A CRITICAL ANALYSIS OF ABORTION LAWS IN INDIA. The Indian Journal for Research in Law and Management, Volume III(Issue 11). Retrieved from https://ijrlm.com/journal/womens-reproductive-autonomy-as-a-human-right-a-critical-analysis-of-abortion-laws-in-india/

Abstract

Reproductive rights serve as a broad term for many issues, such as abortion, contraceptive use, child spacing, sexual preferences, reproductive health services, sex education, and information on reproductive matters. The subject has been debated by legal experts for a long time, not only because it touches upon health matters but also because it involves ethical and moral issues. Therefore, the purpose of the paper is to review the right of women to reproductive freedom in India by analyzing the interaction between the rights guaranteed in the country’s Constitution and the constraints imposed by the existing legislation. The author thoroughly examines India’s responsibilities under international treaties like CEDAW, ICCPR, and ICESCR and looks at how these commitments are reflected in the country’s legal framework. Applying doctrinal analysis, important court cases, and socio-economic investigation, the research shows several structural barriers that prevent women from getting access to safe abortion. Research suggests that India should move from its existing model based on permissions laid down in criminal law towards a new model that gives importance to rights, where reproductive choice and the bodily integrity of women will be regarded as human rights. Keywords: Reproductive Rights, Bodily Autonomy, Medical Termination of Pregnancy Act (MTP Act), Constitutional jurisprudence, Gender equality.

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