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The Able Womb Of The Disabled: Reproductive Justice For Women With Disabilities In India

Volume
2
Issue
4
Pages
1–11
Published
Sep 2026
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0
2
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Abstract

The problem of Women with Disabilities is multi-faceted, involving both identity as a woman in a patriarchal society and their disability. Women with disabilities are often viewed with pity, seen as constantly in need of care and protection, and considered a burden on their caregivers. They are frequently not regarded as full holders of rights within society, as their caregivers are often seen speaking or acting on their behalf. However, it is essential to remember that they are human beings too and they should be able to exercise their basic human rights. Among these are the Reproductive rights, which include the right to procreate, the right to abortion, the right to decide when and with whom to have children, the right to access contraceptive measures, the right to healthcare, the right to opt for or refuse sterilization and many more. These rights are recognized by the International Conventions including the UN Convention on the Rights of Persons with Disabilities (CRPD) [1] and are considered part of the ‘inalienable survival rights’ under the Indian Constitution. They are secured by the Rights of persons with Disabilities (RPWD) Act, 2016. This paper focuses on the reproductive rights of women with disabilities in India and the legislations related to it. It also summarizes the constitutional provisions and the international covenants that mandate the exercise of these rights. Additionally, the social and judicial approaches to the reproductive rights of women with disabilities are discussed. [1] 2006

Authors
MS
Ms. Shalu Sharma
DV
Dr. Vandita Chahar
Keywords
Reproductive rightsWomen with disabilityRight to lifeForced sterilizationcapacity to consent
References
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