Sexual Autonomy of Married Women in India: Contemporary Constitutional Challenges

The female body and its autonomy is a contested and debated space. It, however, is an arena where it is construed differently in different contexts and is a site for massive power struggles. The body, being intensely personal, rests within itself the manifestation of social relations, gender, caste, and community. The polarity between a female’s mind and body is a fabricated and socially conditioned one. More than often, the manner in which a woman associates herself with her body and its subsequent manifestation results in her rights being violated and suppressed. This further leads to her mental and physical spaces being hindered. Such a division into mind and body categories leads to a loss of autonomy over the body and personhood. Control of society also renders the female body powerless and violates their bodily integrity. This paper aims to explore the connection between the female body and its rights along with the complex yet complementary relationship between sexual autonomy and women’s empowerment in India. The paper proposes to provoke a discourse over sexual autonomy and consent when it is meaningfully given, with full knowledge and understanding of its consequences and understanding it, especially through the lens of fundamental rights.