Autonomy, Choice and Law: A Study into the Evolution of Reproductive and Allied Rights in India with a Comparative Analysis

India’s reformative journey has witnessed a steady increase in the sphere of legal and social reforms, aimed at enhancing the living standards of women from the traditional and patriarchal structures that confined their choices and freedoms, to a more affirmative society that seeks to uphold and assert their dignity and bodily autonomy. This trajectory has gradually evolved towards the realm of reproductive health and allied rights that represent an integral part of human rights, forming the cornerstone of human dignity and autonomy. Statutory enactments such as the Medical Termination of Pregnancy (Amendment) Act, the Surrogacy (Regulation) Act, amongst several others, indicate the multifaced endeavours by our country to not only re-affirm women’s reproductive rights, but also to regulate the proliferation and challenges posed by the technological landscape and their impact on assisted reproduction. The central objective of this paper is to explore the evolution of reproductive rights in India while also analysing and examining the statutory and judicial pronouncements that have shaped women’s autonomy over their choices. It underscores how these frameworks have been drafted, amended and interpreted within the patriarchal social context, while also inquiring into their limitations, challenges and potential to undermine the dignity and fundamental rights of women. The paper further delves into the comparative jurisprudence with that of the United States to trace how women’s rights over their reproductive choice abruptly shifted from a liberal to a more prohibitive approach.