Reproductive Rights of Girls and Women with Intellectual Disabilities in India: A Legal Analysis

  • Mehendi Mazumdar
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  • Mehendi Mazumdar

    Research Scholar at Department of Law , The University of Burdwan, India

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Abstract

This paper explores reproductive rights for girls and women with intellectual disabilities in India. Despite developments that taken place in disability legislation and human rights frameworks, the exercise of reproductive autonomy continues to be denied to this marginalized group. Examining Indian laws and their effect on the reproductive rights of intellectually disabled women the study investigates key laws including Rights of Persons with Disabilities Act, 2016 and the Medical Termination of Pregnancy Act, 1971. The research highlights the disparities that exist between the intention of the law and its execution and calls for inclusive measures that endorse and support the decision-making abilities. Through case-based evidence and legal precedents, the research attempts to bring to light the obstacles these women face and to suggest potential changes that would facilitate more equitable access to reproductive healthcare. The research findings show that much needs to be done on empowering women through inclusive education, those services which are easily accessible, and advocacy groups on their own so that they can make decisions on their reproductive lives. The paper further recommends legal reforms, enforcement of better policies, and social awakening to uphold their reproductive rights in a meaningful and dignified manner.

Keywords

  • Reproductive autonomy
  • disability law
  • inclusive healthcare
  • women with disabilities
  • legal rights
  • India
  • intellectual impairment
  • empowerment
  • health justice

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 2521 - 2538

DOI: https://doij.org/10.10000/IJLMH.1110114

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.

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Copyright © IJLMH 2021