Reproductive Rights In India

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Know Your Reproductive
Rights
Human Rights Law Network

2. +
What are Reproductive Rights?

Right of all couples and
individuals to decide freely and
responsibly the number, spacing
and timing of their children.

Right to information and means
to do so.

Right to highest standard of
reproductive health.

Right to make decisions
concerning reproduction free of
discrimination, coercion, violence.

Why is this important?
 Women as objects of control;
 Health care;
 Death.

Empirically, Courts have been at
the forefront of expanding,
protecting, and promoting
reproductive rights.

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What are Reproductive Rights?
- International Conference on Population and Development (ICPD) 1994

Women have the right to:

Decide freely and responsibly the number, spacing, and timing of their children;

Have the information and means to decide freely and responsibly the number,
spacing, and timing of their children;

Attain the highest standard of sexual and reproductive health


Meaning: YOU HAVE THE RIGHT to be physically, mentally, and socially healthy
with access to medical, mental, and social facilities, services, and supports to
exercise your sexual and reproductive rights
Make decisions about your reproduction free of discrimination, coercion, and
violence

It is YOUR DECISION whether you have 0, 1 or 7 children

It is your decision whether you undergo female sterilization now or when you are 50
or not at all

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What are Reproductive Rights?
- Beijing Platform for Action 1995

The promotion of these rights should be
the fundamental basis for
government and communitysponsored policies and programmes

The government must consider your
rights as a fundamental part of the
laws it enacts, the policies it puts in
place, and the programmes it
creates

5. +
Right to EQUALITY in Reproductive
Decisions

The Right to Equality in Reproductive Decisions includes the
right to:

Choose whether and when to marry and start a family;


Marriage should be with the full, free, and informed consent of
both individuals
Decide freely and responsibly the number and spacing of your
children

You have the right to make reproductive decisions when it comes
to your body, your health, and your family

6. +
Right to Sexual and Reproductive
SECURITY

The Right to Sexual and Reproductive Security gives you the
right to:

Live a life free of gender-based violence


This includes sexual violence, incest, trafficking, dowry related
violence, and rape based on the fact that you are female
Protection of physical and mental integrity

You have the right to live a life free of mental harm and violence
based on the fact that you are female

7. +
Right to Reproductive and Sexual
HEALTH SERVICES

The Right to Reproductive and Sexual Health Services includes
the right to:

Safe and affordable methods of family planning,



If you decide to have children, you will be able to do so in a safe
environment with medical care and assistance
If you decide to use family planning services, you will have access
to these services in a safe and hygienic environment
Safe motherhood,

You have the right to survive pregnancy!

Nearly one lakh women die each year during child-birth

A fifth of these pregnancies are unwanted

8. +
Right to Reproductive and Sexual
Health Services

Management of gynecological problems, infertility, prevention; and

Treatment and prevention of sexually transmitted diseases sexually
transmitted infections, and HIV/AIDS

If you are HIV/AIDS positive or have an STI, you have the right to
medical treatment;

The high incidence of sexually transmitted diseases, infections,
and HIV/AIDS reflects the practice of unsafe sex;

Those living with HIV/AIDS have to live not only with the disease,
but also the stigma that goes with it

9. +
Right to Access to Information and
Education

The Right of Access to
Information and Education
include the right to:

Access information regarding
sexual and reproductive issues
so that you can make informed
decisions;

This information must be
provided in a clear,
complete, and sensitive
manner

10. +
Maternal Mortality

India accounts for 20% of the
maternal deaths worldwide.

MMR average: 240


One in 70 women is at risk of
maternal death

A woman in India dies every
8 minutes from childbirth
related complications


Some states 480
China – 45, Ireland – 0, US12.
About 75% of these deaths are
preventable where women have
access to family planning
services and emergency
obstetric care.

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Abortion

Termination of pregnancy –
safe and simple procedure

1/5 of pregnancies in India are
unwanted or unplanned.

In India 2/3 of all abortions are
unsafe – infertility, death.

Significant contributor to India’s
MMR.

Every hour, 8 women and girls
die from unsafe abortions.
 About 18,000 women a year

12. +
Coercive Population Control

Sterilization

Number 1 form of birth
control in India (no access to
other forms of birth control)

Targets and incentives
coercion (unethical)

Unsafe environments

Hysterectomies

No informed consent

Class/Social Group

13. +
Broadly Speaking

Access to good quality family planning services, counseling that respects the
reproductive needs of individuals and couples, and prevention of unwanted
pregnancy;

Provision of safe motherhood services and infant care during and after
pregnancy;

Prevention of unsafe abortion and management of the consequences of unsafe
abortion;

Prevention and management of reproductive disorders, including sexually
transmitted diseases and sexually transmitted infections;

Prevention and treatment of HIV/AIDS; and

Empowering adolescents by giving them comprehensive reproductive and
sexual health information and education

14. +
Reproductive Rights:
Issues

MM(maternal mortality)

Contraception

Abortion

Sex Education

Coercive Population Control

Sex ratio

Right to food (anemia, poverty)

Surrogacy

Housing

Clinical Trials

Child marriage

SC and ST

HIV/AIDS, Malaria

Youth sexual health

Cruel inhuman treatment

Gender-based discrimination

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Constitution of India:
National Law

Article 21: The Right to Life

“No person shall be deprived of his or her life or personal liberty
except according to procedure established by law.” The Supreme
Court of India issued that Article 21includes:
 The right to health;
 Violation: Maternal death
 The right to be free from torture and inhuman treatment;
 Violation: Forced abortion
 The right to shelter;
 Violation: Homeless pregnant and lactating women
 The right to privacy; and
 The right to dignity
 Violation: Coercive female sterilization

16. +
Constitution of India:
National Law

Article 14: The Right to Equal Access to the Law

“equality before the law or the equal protection of the laws within the
territory of India.”


You have as much right to access the law and its protections as
anyone else in the country
Article 15: The Right to Live without Discrimination

Discrimination against an Indian citizen based only on “religion,
race, caste, sex, place of birth, or any of them” is prohibited

No matter what your sex, age, place of birth or race, you have the
right

17. +
CHARM vs. State of Bihar and
Ors.(2011)

Denial of maternal health care in Bihar



Violations:
 Collection of fees by doctors and nurses for referral and registration
of pregnancy
 Dilapidated and unsanitary health facilities without electricity, toilets,
running water, and blood supplies
 Lack of transportation services for pregnant women
 Lack of safe abortion services
 Lack of grievance redressal system for violations suffered
Resulting in maternal deaths
Argument: Bihar government has obligation to ensure access to
maternal health services under the Constitution of India and
international human rights law

18. +
Dunabai vs. State of MP and Ors.
PIL

Fact-finding in tribal area where
an adavasi woman had no choice
but to give birth outside a hospital
after repeated denial of medical
treatment.

Govt health facilities functioned
without blood, emergency
obstetric facilities, basic
medicines, adequate staff.

The High Court ordered state
institutions to make immediate
and specific changes regarding
staff, medicines, equipment and
facilities that would bring them up
to the prescribed standards. The
Court also ordered that the semigovernment monitoring
committee that had initially found
violations investigate to ensure
that the Court orders were
complied with.
Dunabai

19. +
Ramakant Rai vs. Union of India
Gross violations associated
and Ors.
with sterilization throughout

India.

Relevant law: Arts. 14 ,15, 21,
47, CEDAW, Beijing/Cairo.

Supreme Court
 Limit number of doctors;
 Pre-procedure check-list;
 Uniform copies of consent
forms;
 Statistics
 Inquire into
violations/prosecution
 Insurance policy

Devika Biswas vs. Union of
India and Ors.

20. +
PRIYA KALE VS. NCT OF DELHI &
ORS ( 2013)

In January 2013 the Times of India published an article about Priya Kale, a
homeless woman who lost her baby to exposure after she delivered on the
balcony of the homeless shelter where she lives.

A fact finding was conducted at the shelter. Families, including pregnant
women live in absolute squalor and struggle to provide food to their families

A petition was filed in asking the court to issue immediate interim orders in the
case for (1) maternal health care; (2) heaters; (3) hot water heaters for bathing;
(4) three meals a day for all residents.

21. +
KALPANA MEHTA VS. UNION OF
INDIA & ORS

In 2009, state governments issued the Human Papilloma Virus (HPV)
vaccine to over 24,000 adolescent girls in Andhra Pradesh and Gujarat.

The girls hail from extremely marginalized communities and did not
provide full and informed consent before receiving the vaccine.

The Petitioners have asked for compensation and medical follow up for
the girls and for the licenses of the products to be suspended until proper
scientific and legal procedures are guaranteed.

22. +
Legal Protections

Constitution
 Article 21
 Article 14
 Article 15

Laws
 Medical Termination of Pregnancy Act (1971):
 Woman has right to medical termination of abortion up to 12
weeks (1 doctor) and 20 weeks (2 doctors) if giving birth would
be cause unjust physical or mental harm to the women or the
child would be born with severe defects.

National Entitlement Schemes
 National Rural Health Mission
 National maternity Benefit Scheme
 Official guidelines

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What You Can Do

Take what you’ve learned here, and share it with other women in your
community

When you see a violation, report and record it! Keep records of what
you see and talk to women who’s rights have been violated, then
contact HRLN and meet with someone who can help you do
something about it

Form a group that helps monitor reproductive rights violations in your
community to raise awareness and share information and resources

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THANK YOU