BODILY AUTONOMY IN COMMON LAW JURISPRUDENCE: A CRITICAL ANALYSIS OF RIGHTS AND STATE INTERVENTION

AUTHOR – VIJAYRAJ, STUDENT AT CHRIST UNIVERSITY, BANGALORE

BEST CITATION – VIJAYRAJ, BODILY AUTONOMY IN COMMON LAW JURISPRUDENCE: A CRITICAL ANALYSIS OF RIGHTS AND STATE INTERVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 507-514, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper, titled “Right to Bodily Autonomy a critical study,” explores the complex and often contested concept of bodily autonomy. It analyzes the philosophical foundations of this right, its codification in law, and the contemporary challenges that threaten its application. The research highlights a significant gap between the legal principle of bodily autonomy and its practical realization, noting that its application is inconsistent and frequently subordinated to state interests. The core problem identified is the lack of a coherent and universally applied legal standard for balancing individual autonomy with collective interests like public health and security. The study examines how this right is contested across three main domains: reproductive rights, informed medical consent, and public health mandates. It uses a qualitative, doctrinal legal research methodology, relying on constitutional texts, judicial precedents, and scholarly commentary. The findings reveal that bodily autonomy is a foundational but fragile right, often implicitly recognized in law rather than explicitly codified, making it vulnerable to judicial interpretation and legislative choices. The research also identifies that legal protections are fragmented and conditional, and that judicial application of the principle is selective when weighed against state interests. The paper concludes by proposing a need for comprehensive legal and policy reforms, including the explicit recognition of bodily autonomy as a fundamental right, the codification of proportionality standards, and stronger protections against third-party interference. The ultimate goal is to move from a rhetorical acknowledgment of the right to its genuine protection.

Keywords: consent, liberty, privacy, freedom, independence.