SUCHITA SRIVASTAVA V CHANDIGARH ADMINISTRATION

The court has decided on reproductive autonomy of disabled women in this case. Reproductive autonomy of women was considered to form the facet of Right to life and Personal Liberty by widening the scope of Article 21 of Indian Constitution. It includes the right to procreate and not to procreate. Forcing a woman to continue a pregnancy violates her bodily integrity. Taking away the right of a woman to decide on her bodily autonomy infringes her right to privacy and she should be the sole authority to decide on her pregnancy. Autonomous decision about oneโ€™s own body and reproductive function is at the core of the fundamental right of women. It helps to promote a fair and inclusive society.  By providing equal access and eliminating the social stigmas, women can be empowered to exercise their fundamental right so as to make choices about their own bodies and lives, thus upholding the true spirit of reproductive rights and privacy.

Citation(2009) 14 SCR 989, (2009) 9 SCC 1
Name of the Court which decided the caseThe Supreme Court Of India
BenchK.G. Balakrishnan, P. Sathasivam, B.S. Chauhan
LegislationsThe Constitution of India,1950The Indian Penal Code,1860The Medical Termination of Pregnancy Act, 1971The Rights of Persons with Disabilities Act of 2016
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