Authored By: Bhoomi Panjwani
Amity University Gwalior Madhya Pradesh
Reproduction is a life process most of the individuals go through atleast once in their lifetime. It is one of the most fundamental aspect of human existence and core necessity for continuation of human beings . It is through reproduction human life has evolved and become this developed it is the fundamental of every civilization . However through natural biology the burden of reproduction is passed to women from pregnancy to childbirth and postpartum challenges women are exposed to several challenges physically and mentally in this whole process.
Pregnancy and childbirth can bring joy and fullfillment but they also leave adverse effects on women’s body , due to the generational obsession of continuing lineage and desiring a male heir it further impacts a woman’s health even more from various pregnancies to little to no aftercare in postpartum , forced marriages , teenage pregnancies and so on it showcase the cruelity towards women.
This where role of law is essential and thus it explains the importance of constitutional provisions to ensure that women as citizens of the sovereign are given freedom over their bodies and are not an possession to cultural norms . Hence laws on reproduction are not merely medical procedures or healthcare policies but as a sasfeguard against the exploitation of women’s body .
However laws regarding reproduction does not only surrounds one dimension it also covers other spheres and transition from customs and natural biological development of progeny to modern medical advancements and providing them validity and acceptance in society through making them legal , thus reforming the society and state to modern advancements and shift of thought process of currents generation . Hence laws regarding reproduction also covers dimensions of surrogacy , in-vitro fertilization , adoption and same sex couple’s rights to reproduce.
As a law student it is important to know the application and brief history of any particular law or statute . Hence in significance to India the evolution of reproductive laws are –
Ancient and colonial period
During ancient India reproduction was entirely based on societal norms the culture of early marriages and childbirth was into existence. During the colonial era the age of consent came into existence which was an attempt to regulate the child marriages and protect young girls from its consequences. However greater autonomy was absent and these matters were rarely discussed .
Post Independence
After independence india was the first country in the world to launch a national family planning program in 1952 the government in india recognized the importance of family planning , population and its affect on economy and social spheres of the state.
Initially the government focused on population control rather than reproductive rights hence during the emergency period forced sterlisation was criticized and regarded as unconstitutional .
The shift began in 1970s with the introduction od Medical Termination of Pregnancy Act 1971 which was a significant step as it legalized abortion under specific conditions such as risk to mother’s life potential fetal abnormalities etc.
Later due to rise of female infanticide and disturbed male to female ratio of population in India the Pre-Natal Diagnostic Techniques Act 1994 was introduced which was a landmark later amended as PCPNDT Act 2003.
At present the amendment in MTP Act in 2021 it extended the limit of abortion to 24 weeks which was limited to 20 weeks before for special categories like rape and minors and recognized right of unmarried women to get abortion .
It also regulated reproductive technologies and acts such as Assisted Reproductive Technology Act 2021 and Surrogacy Act 2021 to prevent misuse and exploitation of women for surrogacy and curbing the illegal trafficking of women under surrogacy and exploitation of them under this .
The case law of Baby Manji Yamada v. Union of India 2008 13 SCC 518
It was held by the Supreme Court that legitimacy of children born through surrogacy and government’s duty to facilitate the child .
This case was the first case which got acknowledgement pf children born through surrogacy in Supreme Court and sparked debates and legal recognition of such children and other matters related to surrogacy and children born through it and who preserves right over these children. It also showcased need of rights and protection to surrogate women and further legalization of such rights .
Conclusion
The laws regarding reproduction have evolved through decades from bring non existent to evolvement of certain acts regarding reproduction showcase the judicial activism of judiciary and fundamental implementation of democracy as state recognizes such aspects. However the controversial topics of LGBTQ+ community and their right to parenthood are still debated yet, the recognition of reproductive laws is more complicated and is essential in this age.
