Reproductive Rights &Human

Rights of Women

Dr.Bindu Variath ,Vice -Principal,

K. C. Law College,
Churchgate, ,Mumbai – 20.
 Object of this paper……..
• To give an overview relating
Reproductive Rights &Human Rights of Women
3
Why human rights?

4
Who gives us Human
Rights?
No one gives us
Human right, but other
people can take away
our rights by violating
them or by not
implementing them.
5
 Why Human Rights For Women……?
• Half of the Indian populations are women..Women have
always been discrimination against and have suffered and
are suffering discrimination in silence.

Self – sacrifice and self – denial are their nobility and

fortitude and yet they have been subjected to all
inequities, indignities, inequality and discrimination. ….

Justice K. Rama Swamy (Madhu Kishwar vs. State of

Bihar (1996) 5 SCC 148.)
 VIOLENCE AGAINST WOMEN
The Crimes Report released by the Home Ministry has
collected Reports relating to Violence Against Women in
India in different forms like,
Cases of Cruelty by Husband and Relatives,
Dowry Deaths,
Rape,
kidnapping and Abduction,
Molestation,
Sexual Harassment Eve–Teasing,
Importation of Girls,
Immoral Traffic,
Indecent Representation of Women,
Dowry related cases, etc.
 INDIAN CONSTITUTION ON REPRODUCTIVE
RIGHTS
• In Suchitra Srivastava
Vs
Chandigarh Administration
A.I.R 2010 SC 235:
the Supreme Court of India, held that Personal
liberty UNDER Article 21 includes the Right
to make reproductive choice(to produce the
child or not to produce )
 Why Reproductive right is important?
• As per WHO if we take worldwide, 210 million women
become pregnant every year, of which about 42
million women faced with an unplanned or unwanted
pregnancy terminate their pregnancies voluntarily.
• Nearly half of all induced abortions (20 million) are
unsafe.
• Ninety five percent of unsafe abortions occur in
developing countries.
• Five million women – or 1 to 4 who have an unsafe
abortion is likely to suffer severe complications.
• Almost 70,000 women die from these complications
every year.3
 The reasons for the unsafe abortion are due
to
• gender-related issues,
• women’s lack of information,
• lack of financial resources
• inability to make a decision,
• gender inequalities in society
• illiteracy.
• The campaign against sex-selective abortions are
due to the preference given to son.
Sex-selective abortions are due to the
preference given to son
Dowry

Security in old
illiteracy
age
Why people
prefer Sons

Rights and
Property stays
rituals after
within family
death
 Legislation on Abortion
• The Medical Termination of Pregnancy Act, 1971 is
an Act to provide for the termination of certain
pregnancies by registered medical practitioners and
for matters connected therewith or incident
thereto.
• Section 3 of the MTP Act, deals with when
Pregnancies may be terminated by registered
medical practitioners:- (2) Subject to the provisions
of sub – section (4). A pregnancy may be
terminated by a registered medical practitioner, -
 The Medical Termination of Pregnancy Act,
1971
• Where the length of the pregnancy exceeds twelve weeks if
such medical practitioners is, or
• Where the length of the pregnancy exceeds twelve weeks but
does not exceed twenty weeks, if not less than two registered
medical practitioners are, of opinion formed in good faith,
that—
• The continuance of the pregnancy would involve a risk to the
life of the pregnant woman or of grave injury to her physical
or mental health; or
• There is a substantial risk that if the child was born, it would
be suffer from such physical or mental abnormalities as to be
seriously handicapped
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 Reproductive rights means…
• The World Health Organization defines
reproductive rights as follows:
Reproductive rights rest on the recognition of the
basic right of all couples and individuals to decide
freely and responsibly the number, spacing and
timing of their children and to have the
information and means to do so, and the right to
attain the highest standard of sexual and
reproductive health. They also include the right of
all to make decisions concerning reproduction
free of discrimination, coercion and violence.
 International
Treaties and
Conventions
relating to
Reproductive Rights
from a Human
Rights Perspective
 Twelve Human Rights Key to
Reproductive Rights
• The Right to Life
• The Rights to Liberty and Security of Person
• The Right to Health, including Sexual and
Reproductive Health
• The Right to decide the Number and Spacing of
children
• The Right to Consent to Marriage and to
Equality in Marriage
• The Right to privacy
 Twelve Human Rights Key to
Reproductive Rights
• The Right to Equality and Non – Discrimination
• The Right to be Free from Practices that Harm Women
and Girls
• The Right to Not be Subjected to Torture or Other
Cruel, Inhuman, or Degrading Treatment or
Punishment
• The Right to be free from Sexual and Gender – Based
Violence
• The Right to Access Sexual and Reproduction Health
Education and Family Planning Information
• The Right to Enjoy the Benefits of Scientific progress5
THANK YOU SOO MUCH

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 RERERENCES
• 1..This definition of reproductive rights was re – enforced at the United
Nations Fourth World Conference on Women.
• 2. Amnesty International USA, www.amnestyusa.org/women
• 3. World Health Organization. Unsafe abortion: global and regional
estimates of incidence of unsafe abortion and associated morality in 2003.
Geneva, Department of Reproductive Health and Research, WHO, 2007.
• 4.Human Rights Education for Beginners, national Human Rights
Commission, Dolphin Printo Graphics, New Delhi, pg 54, 2011.
• 5.Pandey J. N., The Constitution Law of India, Central Law Agency
Allahabad, 2011 AIR 1961 SC 211.
• 6. Agarwal H. O., Human Rights, Central Law Publications, Allahabad,
2004.
• 7.Awasthi & Kataria, Law relating to Protection of Human Rights, Orient
Publishing Company, New Delhi, 2005 Durga Das Basu, Human Rights in
Constitutional Law, Prentice Hall of India, New Delhi, 1994, P.5.