The second half of the 20th century witnessed the development of human rights and its newer and finer aspects. Some of them are right to pollution free environment, right to know, right to development, right to leisure, right against discrimination and torture, right to health etc.. One of the recently ascertained right is women’s right to reproductive health.
Article 12(1) of the Protocol to the International Covenant on Economic, Social and Cultural Rights, 1966 states that “… the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”. This right shall include all medical services and medical attention in the event of sickness. “. This article is reinforced by article 24(1)(f) of the Convention Rights of Child,1989 , which requires states parties to “develop preventive health care, guidance for parents and family planning education and services.
The Preamble to the World Health Organization’s Constitution also declares that every human being has a right to enjoy “the highest attainable standard of health” including right to medical care. It further provides that right to health is ‘a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’, reproductive health addresses the reproductive processes, functions and system at all stages of life2 . It implies a responsible, satisfying and safe sex life and the freedom to decide when and how often to do so.
As it is known that the biological structure and child bearing capacity of women make them eligible for more care and concernand hence a stronger claim to right to health . The Convention on Elimination of All Forms of Discrimination against Women, 1979 requires that States shall provide for the elimination of discrimination against women in the field of health care to ensure, access to health care services, including those related to family planning including information, counselling and services in family planning. The state governments have the responsibility to ensure that legislation, executive action and policy comply with these obligations. The International Conference on Population and Development (Cairo) of 1994 and the Fourth World Conference on Women (Beijing) gave a greater boost to this movement. The Beijing Conference also recognised equal right of women folk to be treated at par with men in education and health care and and also to work for women’s sexual and reproductive health is the obligation of the State.
India has been a part of all the significant international declarations/conventions onthe right to health and women’s right to reproductive health. It has ratified these declarations/conventions. Such documents include the Beijing Declaration of 1995 which has expressly recognised women’s right to reproductive health. Therefore Indian Parliament has also passed various laws and framed schemes to protect and preserve women’s right to reproductive health. The Medical termination of Pregnancy Act, 1971, Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, the Indian Penal Code, 1860(Sections 312-318), the Maternity Benefit Act, 1961 and others. But no comprehensive, consolidated and direct law has been passed covering all the aspects of women’s right to reproduction. These laws indirectly protect the health of women and her right to make choice to bear a child and spacing. Maternity benefits in India are mainly provided under the Maternity Benefits Act, 1961. This Act provides various kinds of benefits to women workers during pregnancy and after the birth of child to protect the health of mother.
There is no specific law or constitutional provision relating to the right to health and women’s right to reproductive health. However, various provisions implicitly deal with it. Though it has been recognised by the Constitution of some countries.
There is no specific law or constitutional provision relating to the right to health and women’s right to reproductive health. However, various provisions implicitly deal with it. Though it has been recognised by the Constitution of some countries.
The Supreme Court has declared that Right to health and women’s right to reproductive health are is a part of Article 21 and that right to health is a part of right to livelihood. Now it is settled that right to health is integral to right to life and the government has a constitutional obligation to provide health facilities. The Medical Termination of Pregnancy Act, 1971 is an example of increasing recognition of women’s right to reproductive health whereby a choice whether to terminate or not to terminate pregnancy is conferred upon women though it may take time to turn into a social reality.
It can be said that, it is still important to have health and healthcare instituted as a right within the Constitution or pass a specific Act guaranteeing the right to health and health care services. Mere statement of national policy alone is not sufficient to assure entitlement to health care; but the right must be developed and established through specific statutes, programmes and services which we lack in India. Thus we will be able to achieve our basic target i.e. health for all including women’s right to reproduction in its true and proper sense.
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