REPRODUCTIVE AUTONOMY: A HUMAN RIGHTS REAPPRAISAL OF MEDICAL TERMINATION OF PREGNANCY LAWS IN THE CONTEMPORARY INTERNATIONAL LEGAL ORDER

Abstract

The acceptance of women’s reproductive autonomy as part and parcel of human rights framework evidence the gradual transition in the contemporary legal discourse pertaining to medical termination of pregnancy. However, it’s correctly observed “rights on paper do not always translate into rights in practice”, reflecting a significant gap between statutory guarantee and persistent reality. Critical perspective is adopted in order to analyse the effectiveness of the medical termination of pregnancy laws as well as human rights framework in ensuring the reproductive autonomy. Doctrinal and analytical methodology has been adopted to examine how the inequalities intrinsically rooted in the state legislations and societal structure negates the concept of reproductive justice. The present paper comprised of four chapters. First chapter is Introduction which talks about the conceptualization of reproductive autonomy as human rights; Literature Review is dealt in second chapter; third chapter deals with the evolution of legislative enactments pertaining to termination of pregnancy and its limitations; fourth chapter deals with the concluding observations and analyses the barriers in the way of attaining the goal of reproductive justice. Through the present paper, researcher ensures to highlight the inadequacy in adopting right based approach while enacting medical termination of pregnancy laws. Researcher concludes that, even if human rights play a decisive role behind the legitimization of reproductive autonomy, but its insufficiency exists without including the concepts of inclusivity, intersectional justice and substantive equality.