Reproductive Rights of Women in India: The Role of Judiciary

Komal Verma; Dr. Maya

doi:10.36948/ijfmr.2025.v07i05.58463

Reproductive Rights of Women in India: The Role of Judiciary

Author(s)	Ms. Komal Verma, Dr. Maya
Country	India
Abstract	The judiciary is a watchdog of the Indian legal system, which weaves strands of fairness into the lives of Indian women in the long tapestry of India. The paper explores how Indian courts and more specifically the Supreme Court have been playing a important role in driving the agenda of reproductive justice among women. Reproductive justice is not a medical issue but rather the whole spectrum of having a woman to control her body, including having safe access to birth control and abortion, escape forced sterilization and maternal health risks. Based on the constitutional provisions of Articles 14, 15, and 21, the judiciary has repeatedly applied this interpretation broadly and broadened the provisions to concrete protection of the rights. [1] The laws of the colonial period such as the Indian Penal Code of 1860 have left a long shadow in history since abortion was criminalized by the Section 312 of the law and women were stigmatized. [2] However, with the help of such cases as Suchitra Srivastava v. Chandigarh Administration (2009) courts have eliminated barriers to marital status confirming that reproductive decisions are inherent in individual freedom. [3] The 2021 Medical Termination of Pregnancy (Amendment) Act gave pregnant women who are in a vulnerable situation an opportunity to continue the pregnancy to 24 weeks, but judicial review was the one to make sure that unmarried women were not ignored. [4] The three recent criminal law reforms, namely, the Bharatiya Nyaya Sanhita (BNS, 2023), Bharatiya Nagarik Suraksha Sanhita (BNSS, 2023), and Bharatiya are also subject to scrutiny here. [5] This paper presents a case based on a doctrinal point of view that even though progress has been made, there are still remaining issues such as access disparities in the rural areas and cultural taboos that require more judicial interventions. The courts can actually bring reproductive justice as a pillar of gender equity by making the legal discourse more human, and prioritizing the intersectional vulnerabilities of people by class, caste, and region. Eventually, this development is not only a manifestation of legal development but also of a social reconsideration of the female agency
Keywords	Reproductive Justice, Indian Judiciary, Medical Termination Pregnancy Act, Supreme court decision and Bharatiya Nyaya Sanhita.
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 5, September-October 2025
Published On	2025-10-27
DOI	https://doi.org/10.36948/ijfmr.2025.v07i05.58463

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Reproductive Rights of Women in India: The Role of Judiciary

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