Reproductive Rights in India: Constitutional Promises vs. Social Realities

This paper examines the interplay between progressive legislation and societal challenges regarding reproductive rights in India, drawing comparisons with global developments such as the overturning of Roe v. Wade in the United States. Despite India's status as a developing nation, its legal framework for reproductive rights is more robust than that of many developed Western nations. Landmark Supreme Court rulings, such as Suchita Srivastava & Anr v. Chandigarh Administration AIR 2010 SUPREME COURT 235, affirm reproductive autonomy as a fundamental right under Article 21 of the Constitution. However, deep-rooted socio-cultural barriers—including poverty, illiteracy, gender bias, religious influences, and patriarchal structures—impede the effective realization of these rights. Additionally, legal provisions enabling abortion have, in some instances, facilitated female foeticide under the guise of bodily autonomy. This paper argues for a holistic approach integrating legal reform, social transformation, and education to uphold reproductive rights as fundamental human rights. Aligning societal values with legal principles will enable India to fully realize constitutional protection of reproductive rights amid global shifts in policy.