Reproductive Rights and Constitutional Law: Legal and Social Implications for Single Mother and the Welfare of Children

  • Aastha Agrawal and Abhishek Misra
  • Show Author Details
  • Aastha Agrawal

    Student at Amity University, Lucknow, India

  • Abhishek Misra

    Assistant Professor at Amity University, Lucknow, India

  • img Download Full Paper

Abstract

In recent years, conversations around reproductive rights in India have made noticeable progress especially when it comes to single mothers and their children. This piece explores how reproductive rights intersect with constitutional law and what that means for women raising children on their own. India's Constitution provides a strong foundation for personal freedom and equality through Articles 14 and 21. These rights have helped shape the legal narrative around reproductive choices. Over time, key court rulings have made it clear that a woman’s right to choose whether to keep a pregnancy is very personal and falls under her right to autonomy. One significant shift came with a 2022 Supreme Court judgment, which made it clear that unwed women have the same access to abortion as wedded women. This was a big step forward in challenging long-held norms of the society and recognizing the individual rights of all women’s. That said, the reality on the ground is still complicated. Single mothers in India still continues to face social challenges and judgment, which further leads to emotional and psychological challenges. Their children, too, face hurdles. For getting basic documents like birth certificates, or handling guardianship and inheritance issues, can be a bureaucratic and legal headache. However, courts have started to recognize and respond to these challenges. There’s now a growing judicial recognition of single mothers as a sole parent, and some processes around documentation have been simplified to make life a little easier. This analysis looks at how legal policies, judicial rulings, and social perceptions all play a part in shaping the experiences of single mothers in India. While some important progress has been made, it’s clear that more work is needed to ensure these women and their children can live with the dignity, rights, and support they deserve.

Keywords

  • Reproductive Rights in India
  • Constitutional Law and Reproductive Autonomy
  • Medical Termination of Pregnancy (MTP) Act
  • Surrogacy (Regulation) Act
  • Article 21
  • Article 14

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3957 - 3974

DOI: https://doij.org/10.10000/IJLMH.119496

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021