REPRODUCTIVE RIGHTS & LEGAL BARRIERS

AUTHOR – DR. NILESH BALKRISHNA RODE, (B.A.M.S, .C.H, C.G.O, Diploma in Dialysis Technologist, MBA – HCS, PGD – CRM & RA, LL.B, LL. M (Criminology)), Faculty at M.K.E.S COLLEGE OR LAW

BEST CITATION – DR. NILESH BALKRISHNA RODE, REPRODUCTIVE RIGHTS & LEGAL BARRIERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (3) OF 2025, PG. 71-76, APIS – 3920 – 0001 & ISSN – 2583-2344.

THIS ARTICLE IS PUBLISHED IN THE COLLABORATED SPECIAL ISSUE OF M.K.E.S. COLLEGE OF LAW AND THE INSTITUTE OF LEGAL EDUCATION (ILE), TITLED “WOMEN’S RIGHTS AND LEGAL REFORMS” (ISBN: 978-81-968842-4-6). .

ABSTRACT

Reproductive rights are essential human rights that include legal and health-related aspects of reproduction, including access to secure and lawful abortion services, contraceptive methods and maternal health care are essential, and freedom from coercion and discrimination in reproductive decision-making. Despite their significance in ensuring personal autonomy and well-being, numerous legal and societal barriers hinder women from exercising these rights, leading to adverse health and social consequences.

This article examines the historical context, legal framework, and current challenges surrounding reproductive rights in India. During the colonial era, reproductive rights were largely shaped by British policies focused on population control rather than individual autonomy. Despite the legal advancements, women in India continue to face several barriers in accessing reproductive healthcare. Restrictive abortion laws, spousal consent requirements, lack of awareness, stigma, and inadequate healthcare infrastructure limit women’s ability to make informed reproductive choices. Judicial interventions have played a role in advancing reproductive rights, yet gaps remain, necessitating further legal and policy reforms. Socioeconomic disparities and discrimination further exacerbate these challenges, disproportionately affecting marginalized groups.

To address these issues, comprehensive law reforms are needed to expand access to safe abortion services, remove spousal consent requirements, enhance contraceptive availability, and improve maternal healthcare infrastructure. By addressing these barriers and ensuring progressive legal reforms, India has the potential to establish a more just framework that enables women to freely and safely assert their reproductive rights, which would consequently enhance public health and promote gender equality. 

KEYWORDS: Reproductive Rights, Abortion Legislations, Medical Termination Of Pregnancy (MTP) Act, Sexual and Reproductive Health, Constitutional Rights, Gender Equality, Healthcare infrastructure, International Conventions (CEDAW, ICCPR), Sexuality Education.