Abstract: The Constitution of India confers upon its citizens some very important and fundamental rights like the right to equality and non-discrimination (Articles 14 and 15) and the right to life (Article 21) which include the right to health, dignity, personal liberty, and right to privacy. India is also a participant and signatory to several international conventions, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); and the Convention on the Rights of the Child (CRC), all of which recognize reproductive rights. As Article 51 (c) of the Indian Constitution and the judiciary have recognized that the government has a constitutional obligation to respect international law and treaty obligations, the Apex court unequivocally held that Article 21 includes the “reproductive rights of a person.” The Supreme Court of India has acknowledged reproductive rights as a part of the right to health as well as a facet of personal liberty under Article 21. Is today’s youth ready to come forward and challenge the social norms, Indian culture, and the legal system to uphold their reproductive rights?

Keywords: Reproductive Rights, Surrogacy, Surrogacy Bill, Assisted Reproductive Techniques


PDF | DOI: 10.17148/IARJSET.2022.9560

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