When & What to hold in the Womb is a Woman’s Choice- Regarding the Right to Privacy in India

Akanksha Sachdeva, Shalini Saxena
Page No. : 122-132

ABSTRACT

Right to Privacy has often been a debatable issue especially with the advancement of technology and communications and with the development of civilization.  It has become a basic need for every individual where they want to be left alone for some period to express themselves or be able to think wisely or their other intimate relationships without being observed or judged by the society or even by their loved ones. Though the right has not been expressly mentioned in the Constitution, but it has been implicitly mentioned under Article 21 of the Constitution,1950 which states that no person shall be deprived of his life and personal liberty except according to the procedure established by the law. It is very difficult to give an exact definition of the right as with the changing times, the scope of the right is widening further involving several aspects due to social and cultural changes in the society. The right  has covered a number of dimensions like protection against the media, surveillance by the state, informational privacy and the most important which is inherent in every individual whether he is a citizen to the nation or not i.e., autonomy in decision making which covers areas like protection of marriage, family, education, bodily autonomy( procreation or abstain from procreating),choice of work, food preferences, choice of work and the nature of such work, sexual orientation etc .Therefore as per the title, the article focuses upon the right to bodily autonomy which deals with reproductive autonomy which further  refers to the  choice given to the woman whether to procreate or abstain from procreating which requires her free consent.  


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