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Published July 31, 2023 | Version v1
Journal article Open

Reproductive Choice of a Woman: A Fundamental Right

  • 1. Research Scholar, Government Law College, Thiruvananthapuram
  • 2. LLM Student, Government Law College, Thiruvananthapuram

Description

Human rights law stipulates that women must be free to decide when to be pregnant, how many children to have, and how to space pregnancies. Laws and policies that deny women and girls their sexual and reproductive health rights are inherently discriminatory. States should respect the capacity of women and girls for autonomous decision-making and not limit the access to contraceptives to the obtention of the authorisation of husbands, partners or parents of girls . The right of women to exercise their reproductive choice is implicitly protected as the fundamental right under the Indian Constitution. Indian courts play a crucial role in preventing and addressing the ongoing violation of these women rights. Women always possess particular rights which shouldn’t be denied at any cause. One such right is her right to exercise her reproductive choice. All of us have a right to body autonomy, which means we should be able to make decisions about our bodies on our own. In our society, women and girls are often denied reproductive choices. It is not only immoral and discriminatory, but it also infringes on their basic human rights, including the right to life and dignity. It adds to disparity and violence. The right of reproductive choices is a basic fundamental right that should be granted to all without question and with dignity. With the passage of time, tremendous progress in implementing reproductive health has been made. There is still a long way to go in fully acknowledging reproductive rights. The ultimate purpose of the right to reproduction is the individual's well-being and thus everyone should be able to freely exercise their reproductive choice. Not only will better approach to reproductive health assist women, but it will also benefit society as a whole. Men, particularly spouses, must come out in support, accept their wives consent, and participate equally in the decision-making process. The government must ensure proper reproductive health as well as reproductive information and education to safeguard the individual’s rights and promote wellbeing and a healthy lifestyle. This will, in turn, benefit the country’s growth and development.

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