Reproductive Justice

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Reproductive Justice - Beyond Baby Making

  • Definition: A framework recognizing the human right to maintain personal bodily autonomy, have children, not have children, and parent children in safe, healthy, and sustainable communities.
  • **Core Principles (Intersectional Approach):
    • Right to have a child (under conditions of one's choosing).
    • Right not to have a child (access to contraception, abortion).
    • Right to parent children with dignity, free from violence and discrimination, and with necessary social supports.
    • Right to bodily autonomy and sexual pleasure.
  • Beyond Health/Rights:
    • Reproductive Health: Focuses on service delivery.
    • Reproductive Rights: Focuses on legal protections for access.
    • Reproductive Justice: Links reproductive issues to social, economic, and racial justice; addresses systemic power inequalities.

⭐ The term "Reproductive Justice" was coined in 1994 by a group of Black women activists known as Women of African Descent for Reproductive Justice ( Loretta Ross, SisterSong).

RJ in India - Caste, Creed, Care

  • RJ in India: Intertwined with social stratification.
  • Caste:
    • Dalit & Adivasi women: ↑MMR, ↑sterilization coercion, ↓care access.
    • Purity-pollution concepts impact service delivery.
  • Creed (Religion):
    • Personal laws & norms affect choices (contraception, MTP).
    • Risk of service denial/bias based on religious identity.
  • Care (Access & Quality):
    • Barriers: Socio-economic status, rural-urban gap, provider bias.
    • Marginalized (disability, LGBTQIA+): Face compounded access issues.
    • Focus needed: Respectful, quality care for all.
  • Intersectionality: Caste, class, religion, disability, sexual orientation multiply disadvantage.

    ⭐ Dalit women face a "triple jeopardy" of caste, class, and gender, severely impacting their reproductive autonomy and health outcomes. India maternal healthcare access disparities map

RJ: Indian Hotspots - Rights Under Siege

  • Coercive Sterilization: Targets vulnerable populations (e.g., poor, disabled, tribal women), often without informed consent; a major rights violation.
  • **Safe Abortion Access (MTP Act, 1971; Amended 2021):
    • Gestational limits: Up to 20 wks (1 RMP opinion); 20-24 wks (2 RMPs for specific categories like survivors of sexual assault, minors, disabled); >24 wks (State-level Medical Board for substantial fetal abnormalities).
    • Focus on confidentiality & consent; challenges in rural access.
  • **Sex-Selective Practices (PCPNDT Act, 1994):
    • Prohibits sex determination & disclosure of fetal sex.
    • Aims to curb female feticide; strict penalties for violations.
  • **ART & Surrogacy (Regulation Acts, 2021):
    • Commercial surrogacy banned; only altruistic surrogacy for eligible Indian couples.
    • Addresses ethical concerns like exploitation of surrogates.
  • **High Maternal Mortality (MMR) in Marginalized Communities:
    • National MMR: 97/100,000 live births (SRS 2018-20).
    • Significant disparities persist due to socio-economic factors & healthcare access.

⭐ The Medical Termination of Pregnancy (Amendment) Act, 2021, extends the gestational limit for termination for survivors of sexual assault, minors, and other vulnerable women from 20 to 24 weeks. Global Sex Ratio at Birth, 2012

  • MTP Act, 1971 (Amended 2021):
    • Termination: Up to 20 wks (1 RMP opinion); 20-24 wks (2 RMPs opinion) for special categories (e.g., rape survivors, minors, disabled).
    • No upper gestational limit for substantial fetal abnormalities (Medical Board decision).
    • Confidentiality & informed consent are vital.
  • PCPNDT Act, 1994:
    • Prohibits sex-selection & pre-natal sex determination.
    • Aims to prevent female foeticide; regulates diagnostic techniques.
  • Surrogacy (Regulation) Act, 2021:
    • Permits altruistic surrogacy only; commercial surrogacy banned.
    • Eligibility: Intending Couple F (23-50y), M (26-55y); Surrogate (25-35y), married, has own child.
  • ART (Regulation) Act, 2021:
    • Regulates Assisted Reproductive Technology clinics & banks.
    • Establishes National & State ART Boards.
  • Constitutional Protections:
    • Article 21: Right to life & personal liberty; interpreted to include reproductive autonomy, dignity, & privacy.

⭐ MTP Amendment Act 2021: Ground of contraceptive failure for termination (up to 20 weeks) extended to any woman or her partner, removing the earlier restriction to "married woman or her husband" only.

High‑Yield Points - ⚡ Biggest Takeaways

  • Reproductive Justice (RJ): A human rights framework ensuring bodily autonomy, the choice to have/not have children, and to parent in safe communities.
  • Intersectional approach: Analyzes how caste, class, gender, and social location impact reproductive health.
  • Beyond abortion: Encompasses contraception, maternal health, sex education, and freedom from forced sterilization.
  • Key Indian Legislation: MTP Act (amended) and PCPNDT Act are crucial.
  • Focus on marginalized communities: Addresses systemic barriers and disparities in access.
  • Challenges include: Coercive practices, healthcare access gaps, social stigma, and gender-based violence.

Practice Questions: Reproductive Justice

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False about MTP is -

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Flashcards: Reproductive Justice

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The woman needs to use barrier contraception or abstain in the first _____ days post-insertion of norplant

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The woman needs to use barrier contraception or abstain in the first _____ days post-insertion of norplant

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