REPRODUCTIVE RIGHTS IN INDIA By - Reshel Bretny Fernandes
REPRODUCTIVE RIGHTS IN INDIA
Authored By - Reshel Bretny Fernandes
Sri Mahaveera College Moodabidri Mangalore Karnataka
ABSTRACT
India has its own status and
recognition through the constitutional ties . We can notice that , women from
the ancient times are not considered to be as strong but always condemned to be
as ‘weaker sex’ which we find that the existing systems are just a growth of
the past . A lot of women have suffered due to
this which they seemed to be victims affecting themselves at all
dimensions that has led the society affected in all ways . We can find that the
advent of British to India paved a way to new thoughts which made the people to
think regarding the contribution of equitable circumstances . Various social
reformers worked for the sake of eradication such mean practices that has been
remarked as tremendous contribution towards the new legislations and rights to
be formed . Today the world has stepped
down into the technological advancement and modern livings . Through the
education and awareness the women realized their positions in the society which
was a positive development among them . This has made the GOI to pass many
legislations with regard to this which has been a protective shield to women
till today . The major aspect that was seen was the right over reproduction
which the women after all must have the
complete control over it . Due to the male dominated society we find that , the
harassments physically , sexually and mentally are being taken place . The
essay paper completely consists of all the dimensions in which the existing
systems of evil practices are brought under control through better programmes.
Keywords: Reproduction Rights , various
dimensions , Women empowerment
INTRODUCTION
If we look into the life of a woman,
we can notice that the crucial stage is reproduction . In ancient systems women
were puppets in the hands of the males which they had to obey the words and
orders of them that hindered them with the capacity to represent themselves in
the society. The health and women’s life due to various stereotypic practices
we can say that , has been a misery and burden to themselves that they wanted
to get away from it . Not only that , various health and investigative reports
often said that the reproduction must be under the wishes of women so that they
do not suffer .With this regard , from 1946[1] we
can see that women were protected from all forms of discrimination . In 1994
with deliberative discussions the concept of “reproductive health” [2]was
formed so that both men and women have a clear family planning without any
disparity and affect to any one gender. The sole intention was to maintain a
systematic and dignified living, which through ICPD conference [3]cleared
the fact that the women’s sexual life and reproduction connects towards to the
overall rights guaranteed by the constitution .
When women are given with right to life ,it’s a evident fact that they
must be ensured with the reproductive rights which support themselves in
leading a better life . By being a member nation in all these conferences that
we find that , India has tried to adopt itself with all the required aspects that
has been in the way of aiming towards the women’s protection towards the achieving of equality
in all terms . We find right from the 19th century various
legislations are considered and further it is that, in the modern parliament
varietal legislations are passed that has proven women are supported with the
best so that they remain upheld in all matters.
KEY POLICIES IN ADDRESSING SEXUAL HARASSEMNT
The GOI looking into times brought in
variety measures with ultimate intention that the women represent themselves at
the safer levels . The Sexual Harassment at Workplace act 2013[4]
has made ultimate impression over the security of women’s life . The POCSO act[5]
also tremendously counters over the illegal practices . The fundamental rights
has guaranteed safety to life of women continued to the duty of removing the in
derogatory practices . In 1860, Indian Penal Code [6]
which enables that women are to be with utmost rights connecting with
industrial reforms . The POSH act 2013 [7]was
started and later we find that in 2019 got relaxed which the sexual harassment
was condemned . Whenever the rape and criminal offences take place the
legislations work better with the Sec 534 of the constitution for the
molestation . . The protection of women from Dowry act 1961 which ensures that
women are safe and not harassed for dowry . The prohibition of Domestic
Voilence act 2005[8] stops
from harassment of women at homes in all forms. The setting of commissions for
women at National, state and local levels are found . Constant efforts over the
promotion of the property rights and political representations with 33%
reservation are the improvements . The
Hindu marriage acts and Special marriage acts from 1954-56 [9]have
been tremendous in safeguarding women at all means
ADOPTION IN INDIA: LEGAL AND SOCIETAL CHALLENGES
In the adoption systems established,
we find that 1956 Hindu adoptions act[10]
ensures and enables that, they can adopt the child but special care taken in
terms of girl child. The abandoned child can be adopted by the single parent.
The physical and mental fitness of parents are assured before adoption. The Guardians and wards act of 1890 [11]says
regarding being legally take carers of the child and utmost care must be taken.
So normally the both parents are consulted and specially the consent of mother
is necessary. With the women are considered higher here and giving a child in
adoption when father is dead is also possible. The looking after the child is
in an naturalistic way. If more than one wife, first wife will be adoptive
mother. The Juvenile Courts strictly provides that harm or harassment to the
child should not take place. The renounciation of adoption cannot take place.
Nowadays the consultancy among either of couples is necessary. But in the
adoption it is to be proved that the children are not harassed, but looked
after carefully. Though there are various religious rules, the similar rules
are same . The case will be heard in court and then legal adoptions are made.
The Central Adoption Resource Authority is a spokes to control and mandate all
the regulations in the need of time in providing over the adoption seeking in
its results that provides rules and regulations. For citizens and NRI different
aims are to be fulfilled. Therefore the age gap must be 25 years between
parents and child. The adoptive parents must be financially strong, no diseases
found, should not have more than 3 children, maximum age is 55 years. Along
with registration a process of registration continued by reference to child and
acceptance of child. This process continues the petition with the lawyer and
foster care is taken. Further the court hearing and court order is issued.
Similarly we can say that adoption makes the women and child to suffer the
mental trauma of which they need to bear. The women are often not looked with a
great respect instead insulted in all terms. The acceptance of child is the
greatest challenge in society. The legally acceptance in reality of giving
maximum to the child can lead to problems at the hardest circumstances.
ABORTION RIGHTS
The Medical Termination Act 1971[12] was for safe and legal abortion under 20
weeks ,which continued and amended in 2021 giving women the full priority for
safe abortion rights which was to follow procedure without the seek from the
male member . even having health issues the termination can be done and cases
of abnormalities , rape cases under legal sections with the Indian Medical Council
Act[13] .
With the mandatory report and filing of cases the SRH cases analyzed the
actions are produced and taken. The laws applies in case of the minors to
constitute into different measures . But certain precautions are taken with the
misuse of the determining of sex . But clear evaluation into the legal
procedure has to be followed and decentralization of rights could be evaluated.
Nowadays the 24 weeks tenure is provided and with certain relaxations at the
abortion systems . Under the gender justice we find that equal circumstances
are provided but women due to the health factors are given better options
regarding this .
INFERTILITY AND SURROGACY
The fertility segment in India is a
betterment working setups which would gain into the emerging markets . The
Reproductive Technology Bill[14] ,
has promoted major centers , with ethical modes in terms of women for the sake
of reproduction . So the clinics which have the facility get into the
registration process of the protection and security of women with better plans
.The procedural workings are same as in terms which the couples must know all
the aspects . The reproduction includes varietal factors like the lifestyle ,
clinical systems . Regarding the IVF procedure we can see that ,legal
complications arise when the donors
allege contrasting the law and ethics . The complete rights over this
method lies in the hands of the women that can make the desired actions on
legal actions. The surrogate methods benefitted the women which the donors
cannot have the rights which brims the
goodwill purposes . But the women undergone these methods though legal
acceptance is found we can find that they have to overtake mental pressures
that leads to abortions . The appropriate certifications are issued which if
any law is violated they can complain through the modes of the Women Commissions
. Then , ART clinics and banks work for their subsistence towards the better
analysis of providing variety of services to women .
FAMILY PLANNING
The National Programme for family
planning in 1952[15] was
started which had the goals of the population stabilization and provide
reproductive health and reduce the mortality rates . The health mission was
which undertook the sequence under this with constant effectiveness . So the
limit was set within families that they can be making a way for population control
. Even the plan of delaying the marriage was found which then led into creating
of the systematized family planning . Having spacing between marriages can
overcome the population problems .The data of SRS in 2017 was found within the
rates of 50.3%[16]. We
find that TFR rates was in decline in the current levels. The current family
planning methods was to move towards contraceptives but purely voluntary.
Certain governments have made policies that they seem to make 2 children policy
. Recently, Mission Parivar Vikas[17]
launched in states with setting up local level committees with awareness and
collection of reports and taking measures in connection to PHC’s especially
making male to adopt control measures. The medical methods through awareness
are utilized to make sure the health of the women which can lead to qualitable
enhancement . This likely was a boon towards the nation which has made our
country control the population which is the creation over majority of problems
.
CHILD MARRIAGE: SEXUAL AND REPRODUCTIVE HEALTH OF YOUNG
We see that the dreadest among all
social evils is child marriage which has been a reflection through the ancient
traditions and systems. The female often considered as a burden to the family
which to get rid of her , such practice
was followed . But , it has given negative mark in the societal conditions . We look that, she being a minor is forced
towards the sexual activities due to the norms and practices . In the tender
age when her physical body is not capable to withhold herself , she enters into
the stage of mother , which makes the health systems to deteriorate . A lot of
girl child have fell sick with different
diseases including cervix cancer due to sex related activities and unable to
bear the responsibilities there are situations of ending their life . Similarly
, they are prone to STD diseases[18]
with ill health and hygiene maintained . The surveys and reports have noted
that , due to such type of pregnancies they have tried to give birth to pre
mature babies which shows the adverse effects on healthy living conditions . We
can see that , child marriages mark a instability in the socialization towards
the society which lacks them with the purview towards rights .
IMPACT OF THE AGE BIENG RISED OF MARRIAGE IN REPRODUCTIVE RIGHTS
Normally , we find that the age
recently has been increased which has direct way of impression in the
reproductive system . The girls at the tender age will not be able to hold the
responsibilities which would mentally surpass that the system has been successful
to combat it .Being mother at young age never remains as a easy task which we
find that the sex ratio imbalance is seen due to maternal deaths and sufferings
[19],
that the problem never remains only upto the systems of physical imbalance at
health but mentally weakens the women leading to incapability . Along with the maturity we can
say that , the nutrition holding
capability is higher among the elder age group . We find that , the understanding over family
planning is high which even makes the women to gain more knowledge on
reproductive aspects . Laterally , they can approach legal aids if any problem
arises through mass media and educative setup . Being major the control over
their bodies are at a higher level . The better living conditions with the
family planning is enhanced . They get
more opportunities to represent themselves in variety fields . The MMR rates declines [20],by
which adolescent girls do not have much capabilities to be stable under first
pregnancy . This contributes towards the sustainable development goals . It
contributes to run healthy conditions removal of unjust practices . Recently LokSabha [21]has
passed a bill regarding this . During Covid-19 situation we find that a lot of
early marriages led to the problems in nationwide level.
CONCLUSION
From this we can conclude that ,
reproduction rights are a need among women . When a woman is having right over
her body through the legislations and procedures we have adopted a better
living and this must completely focus over the better living of women which
shows towards the adapting circumstances so that equality is completely
promoted . The main aspect noticed is that , the reproductive rights not only
cover only a part of promoting welfare
among women , but controls the domestic and social well being which is the
source of peaceful circumstances . Today education and the awareness[22]
has widespread among the people , which the women must utilize as the tool and
weapon to internalize themselves and completely utilize these legislations in a
positive manner so that the number of crimes and ill – effects could be under
control . At the same time , government must be vigilant over the happenings
ensuring through different agencies whether the awareness has reached the women
and provide legal aid with support towards the women so that they are empowered
. The truth lies is that women are capable enough to take their decisions
amongst themselves which they need to be given a chance after all it is the
matter of their body . The ensuring of control of reproduction can make the
nations[23]
to be growing with qualitative measures which uplifts them and facilitates to
live a secured life that can give way towards the secured systems in dignity
and respect to them through the constitution as a base.
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