Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison

Authors: 
Title: 
Intersectional Inequalities and Reproductive Rights: An India-Nepal Comparison
Journal Citation: 
UNIVERSITY OF OXFORD HUMAN RIGHTS HUB JOURNAL, 195-201 (2020).

This article compares contemporary legal developments in Indian reproductive rights with that of Nepal, another South Asian country that has made significant recent progress in that area. The author begins by noting the similarities between both South Asian courts’ sensitivity to the socio-economic inequality that informs reproductive rights within their jurisdictions, arguing that recent Supreme Court decisions go further than the approach in Roe v. Wade to incorporate the notion of dignity in reaching meaningful equality for women. Next, they examine the incomplete and problematic features of criminal legislative frameworks that govern reproductive rights in each region, finding that further statutory reform is needed to combat problematic ideas of women’s autonomy that undermine their ability to have full control over their bodies. The article concludes by highlighting the role of the state to implement reproductive rights and remove barriers marginalised women face in obtaining such services.