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Autonomy on Paper, Autonomy in Practice: Examining the Enablers and Barriers to Reproductive Choice in India

Authors : Shruti Nair , Sneha Kohli , Staicy Thomas

Citation :

Shruti Nair, Sneha Kohli, & Staicy Thomas. (2026). Autonomy on Paper, Autonomy in Practice: Examining the Enablers and Barriers to Reproductive Choice in India. Institute For Policy Research and Governance, 1(23). https://doi.org/10.5281/zenodo.23369405


Abstract

The paper examines the evolution of reproductive autonomy in India and evaluates whether legal and judicial recognition has translated into meaningful access to abortion. It discusses various aspects like theoretical, judicial, legal, socio-economic, and international comparisons, that are needed to evaluate whether India has in fact transitioned towards reproductive autonomy or not. For this analysis, it uses the qualitative method with secondary data evidence. Through this analysis, the paper finds that India has moved towards recognizing reproductive autonomy as an integral implicit component of constitutional rights as interpreted through judicial and legislative reforms. However, this recognition is incomplete in practice. Since a persistent lack of harmony between constitutional principles- articles 14, 15, 21, judicial interpretations- X v. Principal Secretary (2022) and legal frameworks, MTP Act 1971 and its 2021 amendment, POCSO Act, 2012, in India has made it difficult to achieve the objective of reproductive autonomy. Moreover, the paper also finds that the provisions governing abortion of adolescent girls are not in line with the realities of the day and the health systems are also not equipped properly to provide abortion services and sexual and reproductive health (SRH) and contraception information. Thus, all these factors together push women and girls towards unsafe options showing that legal recognition must be accompanied by socio-economic realities.

Keywords: Reproductive Autonomy, Pro Choice and Pro Life, Abortion Law Liberalization, Sexual and Reproductive Health (SRH), MTP Act, 2021, NFHS-5

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