Beyond Procreation: Legal And Socio-Cultural Obstacles To Reproductive Self-Determination In India

Abstract

Reproductive self-determination in India sits at the crossroads of law, medicine, and culture i. e. an area where personal autonomy often contends with societal expectations and institutional control. This chapter traces the legal journey of reproductive rights, from constitutional promises under Article 21 to recent legislative interventions like the amended MTP Act, ART and Surrogacy laws. Yet, beyond the legal texts lies a more layered reality: one where stigma, gender norms, and structural inequalities continue to limit choice, especially for women, LGBTQ+ individuals, and non-traditional families. Through critical analysis and comparative insights, the chapter questions whether existing laws genuinely enable autonomy or merely regulate it within moral and social boundaries. It advocates for a shift, from a framework that permits reproduction under conditions, to one that affirms it as a right grounded in dignity and freedom. Ultimately, it invites a broader reimagining of reproductive justice, one that respects the person, not just the process.