Securing Reproductive Justice in India: A Casebook brings together judgements and orders by the Indian Supreme Court and High Courts across twelve reproductive justice issues. In India, courts have been at the forefront of recognizing and securing reproductive justice for women. In cases spanning issues such as maternal health, access to contraception, forced and involuntary sterilization, abortion, sexual and reproductive health rights of adolescents, employment discrimination on grounds of pregnancy or childcare, among others, Indian courts have developed robust jurisprudence that not only reflects but also advances global human rights standards. They have also innovated remedies to attempt structural change and ensure that these rights are realized in practice. While court decisions are not uniform, several trailblazing rulings have laid the foundation for Indian courts to continue to play a strong role in preventing and addressing ongoing violations of these rights.
Though issues implicating reproductive justice concerns come up frequently before Indian courts, there has been little sustained effort to study this entire area of adjudication in a holistic manner. In an effort in this direction, this casebook includes jurisprudence that facilitates securing reproductive justice and as well as judgments that present an obstacle to its realization. This publication aims to provide a reference for those working on policy, advocacy, adjudication, and academic interventions around issues of reproductive justice. Each chapter begins with a cover note which provides a broad overview of cases that have been adjudicated on the topic and the relevant human rights norms and standards applicable to the issues under discussion. After the cover note, each chapter includes extracts from the cases mentioned, arranged in chronological order. This casebook is the result of a collaboration between the Center for Reproductive Rights and the Centre for Constitutional Law, Policy, and Governance (CLPG), National Law University, Delhi.