Caste, Kinship, and Reproductive Autonomy: Constitutional Challenges to Family Control over Women’s Reproductive Decisions

Abstract

This article examines the relationship between caste and kinship as they relate to
women’s ability to make decisions about their own reproduction. It utilizes a sociolegal
framework to demonstrate that decisions regarding women’s reproduction
are frequently determined by family and caste based systems instead of simply
being the product of individual decision making. Although the Indian Constitution
recognizes reproductive freedom as a fundamental right (Article 21) that falls under
the umbrella of privacy, dignity and bodily integrity (Suchita Srivastava v. Chandigarh
Administration; K.S. Puttaswamy v. Union of India), many women experience the
coercive actions of their families, specifically when it comes to family-based castes.
It posits that patrilineal inheritance patterns, son preference, family marriage
expectations, and the authority of a woman’s husband or in-laws all serve as extralegal
mechanisms of reproductive governance that significantly undermine women’s
decisional autonomy. It draws upon empirical evidence, including studies from Uttar
Pradesh and other North Indian contexts that document reproductive coercion in
the form of pressure regarding contraception, pregnancy timing, and childbirth,
the paper demonstrates how caste and kinship operate as structural sites of rights
infringement. It argues that the legal discussions surrounding reproductive rights in
India need to evolve away from solely focusing on a state-centred view of reproductive
rights violations towards recognizing the family as a significant site of reproductive
coercion. Further, it concludes by advocating stronger doctrinal recognition of familial
reproductive coercion within constitutional and domestic violence jurisprudence to
ensure substantive, rather than merely formal, reproductive autonomy.