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Writer's pictureLegal Chronicle

RIGHT TO HER BODY AND SEXUAL AUTONOMY

Updated: Jul 21, 2020



AUTHOR- Diksha Mehta

It is one of the human rights that have been guaranteed to every woman. In the case of Suchita Srivastava and another v. Chandigarh Administration[1], the court recognised the right of women to make autonomous reproductive choices inter alia, held it to be part of personal liberty under Article 21 of the constitution.

We have legal framework in order to deal with crimes against women. But we need to analyse that, is this legal framework working in holistic manner? Cases of rape, marital rape, forced abortion, forced pregnancy have increased in India with leaps and bounds. What remains at stake is the privacy and personal liberty of women which is jeopardised by patriarchal mindset of our society where women are discriminated and objectified in every aspect.

So, we as a society need an interdisciplinary approach to make women equal members of society. The right to abortion, child birth, reproductive health, sexual autonomy etc need to juxtapose each other so that the basic human rights of women are not violated. We need a change at not only legal level but also at societal level.

[1] Suchita Srivastava & anr. v. Chandigarh Administration, Civil Appeal No.5845 OF 2009 (India).

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