Understanding the anomalies of reproductive rights of incarcerated women under the jurisprudence of human rights

Abstract

The Supreme Court in the case of In Re: Inhuman conditions in 1382 Prisons took the suo moto cognizance on the issue of increasing number of pregnancies in the women prison across the country. The right to reproductive choice is fundamental human right, and protecting the  dignity of incarcerated women in the eye of law has now become urgent. Women face discrimination and barriers in accessing adequate health-care services due to their gender. Women in prison setting often have greater primary health-care needs in comparison to men. Globally, health care in prisons circumscribe children living with their mothers, as well as the medical care of pregnant women and nursing mothers, with which most prisons are not equipped to cope. The guidelines and legislative rules and regulations set up by judiciary and legislations are not fulfilling the minimum standard of human rights like psychological health care need for women prisoners.