the heinous practice of sex-selective abortion and repeated abortions and its attendant complications.
Women's workload in many places is considered minimal, but a careful daily analysis reveals that
women hardly have a moment to spare in the course of the entire day while men are entitled to their
share of relaxation after a days hard work. Women's subordinate status has also led her to be an easy
target of family planning programs in our country with the bulk of sterilizations being tubal ligation
operations. To add to the situation described above women have very little autonomy to decide what
they should do for keeping healthy. Many women's reproductive health issues, which are related to her
genitals are considered dirty and shameful and hence women not only feel uncomfortable in openly
discussing their problems, but they refuse treatment from male medical providers. Medical providers,
themselves are products of the society in which they live and thus carry with them the usual social and
cultural biases regarding women and their abilities. In short the gender differences between men and
women are reflected
· at the level of cause of ill health
· at the level of the individuals own response to the ill health condition
· at the level of family response to the situation
· at the level of the treatment accessibility and availability of treatment as well as the attitude and
behaviour of the health care provider
· at the level of ultimate health outcomes
If we examine any reproductive health condition it will emerge that all reproductive health conditions
either arise from or are complicated by unequal gender relations.
Some important RH concerns in India include
! Unwanted pregnancies
! Maternal Mortality and morbidity
! Contraception as well as infertility
! Unsafe abortion, Sex-selective abortion
! RTI/STI/HIV/AIDS
! Cancers
! Concern for adolescent health and so on
Origin of Differences in Health / Profiles
Biological Differences
• Anatomical/ Physiological
• Anatomical, Physiological
And Genetical
Susceptibilities
• Anatomical, Physiological
and Genetic
Social Differences
· Roles and Responsibilities
· Access and control
· Cultural Influences
and Expectations
· Subjective identity
Health situations, conditions or problems
· Sex Specific
· Higher prevalence in one or other sex
· Different characteristics for men and women
· Generates different response by
individulas/family/institutions depending on
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Chapter 3
Reproductive and Sexual health Rights
Introduction
Equal human rights for all human beings are not only a principle of international human rights but a core
principle of the Indian Constitution. In 1993 the Vienna human rights conference was organized and
right to development was also included in the list of human rights. Out of the 1994 Cairo conference on
population and development evolved a clearer and more precise definition of reproductive rights. The
Fourth World Conference on Women organized at Beijing in 1995 tabled the agenda for women's
empowerment. All these changes were possible because of struggles of many national and international
movements spearheaded by women's rights and human rights activists on the one hand and the
willingness of governments to sit together and negotiate a common agenda.
A consensus definition of the rights approach may be found with the UN Commission on Human Rights
which defines it as “an integration of the norms and standards contained in the wealth of international
treaties and declarations into the plans, policies and processes of development”. To this one may add the
component of legislation, because without appropriate legislation, the rights approach looses teeth in
ensuring justice in the case of rights violations and mandating the state to ensure enabling conditions to
enjoy the rights.
India has one of the most progressive constitutions in the world incorporating many of the features of
the rights approach within its framework. There are many appropriate laws in the penal code. The
changes in international understanding that took place in the 1990's were also readily endorsed by the
Indian Government by the formulation of National Policies and programmes meant to translate these
principles into action. The Target Free and Community Needs Assessment Approach, the Reproductive
and Child Health Programme, the National Population Policy (2000), the National Policy on the
Empowerment of Women (2001) and the National Health Policy (2002) are testimony to the states
commitment. At the same time redressal mechanisms like the National Human Rights Commission and
the National Commission on Women were also set up to safe guard human rights. The Indian legislative
and courts too have adopted a pro-human/women's rights approach. The Pre Natal Diagnostic
Techniques Act ( 1996), the Vishakha judgement ( 1997) are some examples of this change in approach.
Rights Approach in Reproductive Health:
Reproductive health, especially that of women is area shrouded with ignorance, shame, silence and
mystery. At the same time it is one area where there are large number of societal expectations and
prescriptions, at least in traditional societies like India With societal expectations and norms on the one
side and woman's own needs and desires on the other, reproductive health becomes one of the most
contested area of 'rights'. Who will decide whether or not to marry? Who will decide the age at
marriage? Who will decide whether to have children or not? Who will decide the number and spacing of
children? Who will decide whether to wait for a son or not? Who will decide whether to use
contraceptive? Who will decide whether to carry a pregnancy or abort it? These and many similar
questions form the crux of reproductive rights.
However reproductive rights are not limited to these decisions alone. The ability of an individual to
make these decisions depends upon the amount of information that is available to make these decisions.
Informed choice, a key element of reproductive rights, is the outcome of the possession of adequate
knowledge and information, the ability to make abiding decisions, and having access to the appropriate
services that are needed. The role of the state or the government in providing the
knowledge/information as well as ensuring the services is key to the enjoyment of reproductive rights.
At the same time the state also has a responsibility to ensure that women are able to make decisions in
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