Assisted Reproductive Technologies and Rights–Indian Response to the Emerging Structure

Abstract

The paper focuses on the changing nature of the reproductive rights that have been recognised over time, having been accepted into the notion of right to privacy and personal freedom. A number of technological advances, referred to as Assisted Reproductive Technologies or ARTs have revolutionised human reproduction in the past few decades. The three main legislations in India, that regulate the right to reproductive choices of an individual by way of abortion or adopting ARTs have been discussed along with judicial take on emerging issues. The challenge is to create a cohesive atmosphere for safeguarding the women’s rights, addressing changing social context, and technological advances and also not appearing a paternalistic, interventionist State. Then follows an analysis of how far the provisions appear to be likely to achieve their objectives. There is also a need to examine the factum of ARTs having far reaching social, legal, medical and economic implications for women and for society as a whole and that unrestrained ‘personal choices’ may be mere delusional contentment. It is also a reality that ARTs present bioethical issues that are worth considering.