Open Access
A STUDY ON REPRODUCTIVE RIGHTS V. STATE REGULATIONS BY - RAJA PRABAHAR
Reproductive rights form an important part of human rights, constitutional liberty, equality, privacy, dignity and bodily autonomy. They concern the ability of individuals to make informed decisions about reproduction, pregnancy, contraception, abortion, fertility, childbirth and reproductive healthcare. At the same time, the State regulates reproductive matters through criminal law, medical regulation, public-health policies, family-planning programmes and laws governing abortion and assisted reproductive technologies. This study examines the relationship between reproductive autonomy and State regulation within the Indian constitutional and legal framework. It analyses the Medical Termination of Pregnancy Act, 1971, as amended in 2021, the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the Surrogacy (Regulation) Act, 2021, the Assisted Reproductive Technology (Regulation) Act, 2021, and relevant constitutional principles and judicial decisions. The study also considers the international human-rights framework, including the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Civil and Political Rights. It adopts a doctrinal methodology based on statutes, constitutional provisions, case law, books, journal articles and authoritative reports. The central argument is that reproductive regulation may be legitimate when it protects health, informed consent and equality, but it must not become arbitrary, discriminatory or disproportionate interference with personal autonomy. The study concludes that a rights-based framework requires accessible healthcare, clear legal standards, privacy protection, non-discrimination, accountable institutions and effective remedies.