Reproductive Autonomy as a Fundamental Right: Reassessing Bodily Integrity, Privacy, and Gender Equality under the Indian Constitution

Indian courts now speak of reproductive autonomy in the vocabulary of fundamental rights, yet the statute through which most reproductive decisions are actually made still conditions abortion on medical opinion rather than on the pregnant person’s choice. This paper examines that gap. It traces the right’s doctrinal construction from Suchita Srivastava to X v. Principal Secretary and A (Mother of X), and asks which of three constitutional foundations (bodily integrity, decisional privacy and sex equality) can best carry it. The argument is that bodily integrity and privacy, though indispensable, are individualist in a way that leaves the State wide latitude once proportionality is applied, and that the courts have been slow to treat the burdens of compelled pregnancy as a question of equal citizenship under Articles 14 and 15. Read through an equality lens, problems as varied as late-term gestational limits, coercive sterilisation, two-child norms, the marital rape exception and eligibility rules in surrogacy law share a common structure. The paper closes with a reconstructed account in which autonomy supplies the content of the right and equality fixes the intensity of review.

Authors

Institutions

Publication Details

Journal
International Journal of Law Management & Humanities
Published
2026-10-29
DOI
https://doi.org/10.63108/ijlmh.13120
Primary Topic
International Human Rights and Reproductive Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Reproductive Autonomy as a Fundamental Right: Reassessing Bodily Integrity, Privacy, and Gender Equality under the Indian Constitution

Raghvendra Kumar Chaudhary
3 links
International Journal of Law Management & Humanities
International Human Rights and Reproductive Law
article

Reproductive Autonomy as a Fundamental Right: Reassessing Bodily Integrity, Privacy, and Gender Equality under the Indian Constitution

Raghvendra Kumar Chaudhary
article en

Abstract

Indian courts now speak of reproductive autonomy in the vocabulary of fundamental rights, yet the statute through which most reproductive decisions are actually made still conditions abortion on medical opinion rather than on the pregnant person’s choice. This paper examines that gap. It traces the right’s doctrinal construction from Suchita Srivastava to X v. Principal Secretary and A (Mother of X), and asks which of three constitutional foundations (bodily integrity, decisional privacy and sex equality) can best carry it. The argument is that bodily integrity and privacy, though indispensable, are individualist in a way that leaves the State wide latitude once proportionality is applied, and that the courts have been slow to treat the burdens of compelled pregnancy as a question of equal citizenship under Articles 14 and 15. Read through an equality lens, problems as varied as late-term gestational limits, coercive sterilisation, two-child norms, the marital rape exception and eligibility rules in surrogacy law share a common structure. The paper closes with a reconstructed account in which autonomy supplies the content of the right and equality fixes the intensity of review.

International Journal of Law Management & HumanitiesVol. 9(V)
CHRIST (Deemed to be) University, Delhi NCR (IN)
Peace, justice, and strong institutions, Gender equality
Openalex Percentile: Top 4%
International Human Rights and Reproductive Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon
Reproductive Autonomy as a Fundamental Right: Reassessing Bodily Integrity, Privacy, and Gender Equality under the Indian Constitution — Raghvendra Kumar Chaudhary · International Journal of Law Management & Humanities (2026) | TGRS Research Map | TGRS