SHIELDING THE FUTURE – EVALUATING LEGAL PROTECTION FOR WOMEN & EVOLVING PARADIGM OF PROGENITIVE LAWS IN INDIA

This paper evaluates India’s evolving reproductive and progenitive legal framework, examining the transition of reproductive rights from state-driven population control targets into non-negotiable fundamental human rights anchored under Article 21 of Constitution of India and International Human Right Conventions. It articulates a conceptual model of Progenitive Autonomy built upon four core pillars: bodily integrity, decisional privacy, healthcare equity, and technological self-determination through Assisted Reproductive Technologies (ART). Through a comparative analysis against global paradigms—including constitutional abortion guarantees in France, post-Dobbs retrenchment in the United States, and UN SDGs—the study highlights how domestic statutory protections interlock with customary international law. However, a critical gap remains between progressive judicial rulings on bodily autonomy and rigid statutory frameworks. Laws like the 2021 MTP, Surrogacy, and ART Acts perpetuate medical restrictions, third-party consent hurdles, and the exclusion of single individuals, live-in partners, and the LGBTQ+ community. Additionally, the mandatory "altruistic surrogacy" model risks subjecting women to unpaid, emotionally coercive labor without resolving severe rural healthcare deficits or unsafe abortions. Ultimately, the study advocates for a rights-based overhaul that replaces paternalistic regulation with absolute bodily self-determination for all marginalized populations.